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Dale v. Safir

283 A.D.2d 248 Court N.Y. App. Div. Decision date 2001-05-15 English

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p. 248
In the Matter of Charles Dale, Jr., Appellant, v Howard Safir, as Police Commissioner of the City of New York, Respondent.
[728 NYS2d 125]

—Judgment, Supreme Court, New York County (Diane Lebedeff, J.), entered June 26, 2000, which denied petitioner’s application to annul respondent Police Commissioner’s denial of petitioner’s application for a premises pistol license with target endorsement, and dismissed the petition, unanimously affirmed, without costs.

We hold that there is a rational relationship between petitioner’s 1993 acts of public lewdness at the age of 31, resulting in two arrests, a conviction and an order of protection, and the “good moral character” required by Penal Law § 400.00 (1) (b) for issuance of the target pistol license that petitioner seeks (cf., Matter of Hines v Kelly, 222 AD2d 277 , lv denied 87 NY2d 810 ). Concur — Nardelli, J. P., Williams, Ellerin, Lerner and Saxe, JJ.