Matter of Kozhar v Kelly

2009 NY Slip Op 03950 [62 AD3d 540]

May 19, 2009

Appellate Division, First Department

As corrected through Wednesday, July 1, 2009

In the Matter of Georgiy Kozhar, Petitioner, v RaymondKelly, as Police Commissioner of the City of New York, et al.,Respondents.

—[*1]Sidney Baumgarten, New York, for petitioner.

Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), forrespondents.

Determinations of respondent Police Department, dated November 7, 2006 and July 13,2007, which respectively denied petitioner's application for a carry business pistol license, andrevoked petitioner's premises residence handgun license, unanimously confirmed, and thepetitions denied and the proceedings brought pursuant to CPLR article 78 (transferred to thisCourt by orders of the Supreme Court, New York County [Herman Cahn, J.], entered October17, 2007) dismissed, without costs.

The revocation of petitioner's premises residence handgun license and the denial of hisapplication for a carry business pistol license were supported by substantial evidence, whichindicated a lack of moral character and fitness to possess a firearm (see Matter of Trimis vNew York City Police Dept., 300 AD2d 162 [2002], lv denied 100 NY2d 503[2003]; Penal Law § 400.00 [1]; 38 RCNY 5-02). Petitioner failed to abide by hisobligations to notify the License Division of a domestic incident report and the issuance oftemporary orders of protection against him in September 2002 and November 2002 (see38 RCNY 5-30). He also omitted the issuance of the temporary orders of protection on hisapplications to renew his premises residence license, and for a carry business license,notwithstanding that application questions specifically requested such information.

We have considered petitioner's remaining arguments, including that the hearing officer[*2]who presided over his license revocation hearing was biasedagainst him, and find them unavailing. Concur—Tom, J.P., Friedman, Catterson,Moskowitz and Renwick, JJ.