Narrative Opinion Summary
The determination has been modified on legal grounds and confirmed without costs. The record shows, and the respondent Supreme Court Justice agrees, that the sole reason for the revocation of the petitioner’s pistol permit was the petitioner’s conviction for driving while ability impaired under Vehicle and Traffic Law §1192(1). Given the circumstances, the court has decided that the appropriate penalty is to suspend the petitioner’s pistol permit for six months, starting from September 26, 1995. This decision originates from an original CPLR Article 78 proceeding, with Judges Pine, Fallon, Wesley, Davis, and Boehm present.
Legal Issues Addressed
Modification of Penalty in CPLR Article 78 Proceedingsubscribe to see similar legal issues
Application: The court decided to modify the penalty from a full revocation to a suspension of the pistol permit for six months.
Reasoning: Given the circumstances, the court has decided that the appropriate penalty is to suspend the petitioner’s pistol permit for six months, starting from September 26, 1995.
Revocation of Pistol Permit under Vehicle and Traffic Law §1192(1)subscribe to see similar legal issues
Application: The court determined that the revocation of the petitioner's pistol permit was solely due to the petitioner's conviction for driving while ability impaired.
Reasoning: The record shows, and the respondent Supreme Court Justice agrees, that the sole reason for the revocation of the petitioner’s pistol permit was the petitioner’s conviction for driving while ability impaired under Vehicle and Traffic Law §1192(1).