Appellate Division of the Supreme Court of New York, 2007

Esposito v. Kelly

Esposito v. Kelly
Appellate Division of the Supreme Court of New York · Decided December 20, 2007
46 A.D.3d 384; 847 N.Y.S.2d 578
Esposito v. Kelly

Opinion of the Court

Determination of respondent’s License Division, dated March 31, 2006, which, after a hearing, revoked petitioner’s license to carry a pistol, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of Supreme Court, New York County [Walter Tolub, J.], entered October 31, 2006) dismissed, without costs.

In view of the uncontroverted evidence that petitioner was arrested for multiple counts of possession of marijuana, that marijuana was found in his car, and that he violated the conditions of his license by failing to notify the License Division of his arrest, the revocation of petitioner’s license may not be judicially disturbed (see Ricatto v Kelly, 303 AD2d 240 [2003]). Petitioner’s argument that the penalty of revocation shocks the *385conscience is without merit (see Matter of Robinson v Ward, 181 AD2d 585 [1992]). Concur—Lippman, P.J., Mazzarelli, Saxe, Williams and Buckley, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.