Matter of Peric v New York City Police Dept., License Div., Rifle/Shotgun Sec. (2004 NY Slip Op 01466)

Matter of Peric v New York City Police Dept., License Div., Rifle/Shotgun Sec.

2004 NY Slip Op 01466 [5 AD3d 142]

March 4, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 26, 2004

In the Matter of Mujo Peric, Appellant,
v
New York City Police Department, License Division, Rifle/Shotgun Section, Respondent.

—

Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered October 30, 2003, which denied petitioner's application to annul respondent Police Department's denial of petitioner's application for a rifle/shotgun permit, unanimously affirmed, without costs.

The permit was properly denied on the basis of the circumstances surrounding petitioner's prior arrest for assault (38 RCNY 3-03 [a]). That the charges against petitioner were adjourned in contemplation of dismissal and eventually dismissed does not disqualify the circumstances surrounding the arrest from consideration (see Matter of Abramowitz v Safir, 293 AD2d 352 [2002]; Matter of Servedio v Bratton, 268 AD2d 356 [2000]). Concur—Nardelli, J.P., Andrias, Sullivan and Lerner, JJ.