Matter of Del Valle v Kelly (2007 NYSlipOp 01411)

Matter of Del Valle v Kelly

2007 NYSlipOp 01411

February 20, 2007

Appellate Division, First Department

As corrected through Wednesday, April 11, 2007

In the Matter of Johnny Del Valle, Petitioner,
v
Raymond W. Kelly, as Police Commissioner of the City of New York, et al., Respondents.

—[*1]London & Worth, LLP, New York (John P. Tynan of counsel), for petitioner.Michael A. Cardozo, Corporation Counsel, New York (Julie Steiner of counsel), for respondent.

Determination of respondents dated July 27, 2004, revoking petitioner's handgun licenses, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Paul G. Feinman, J.], entered May 6, 2005) dismissed, without costs.

The penalty of revocation does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]), where petitioner, a retired police officer, failed to immediately notify the License Division of his two arrests and the order of protection issued against him, in compliance with 38 RCNY 5-22 (c) (1) and (8). Concur—Friedman, J.P., Nardelli, Buckley, Catterson and McGuire, JJ.