Matter of Vicari v Shea |
2023 NY Slip Op 01977 [215 AD3d 510] |
April 18, 2023 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
In the Matter of Frank Vicari,
Respondent, v Dermot Shea, in His Official Capacity as Police Commissioner, and All Successors Therein, et al., Appellants. |
Sylvia O. Hinds-Radix, Corporation Counsel, New York (Philip W. Young of counsel), for appellants.
The Bellantoni Law Firm, PLLC, Scarsdale (Amy L. Bellantoni of counsel), for respondent.
Judgment (denominated an order), Supreme Court, New York County (Eileen A. Rakower, J.), entered June 9, 2021, granting the petition brought pursuant to CPLR article 78 to annul the determination of respondents New York City Police Department (NYPD) officials, dated August 18, 2020, which denied petitioner's administrative appeal of the denial of his special carry handgun license application, and remanded to NYPD for further consideration of petitioner's application, unanimously reversed, on the law, without costs, the order vacated and the matter remanded to NYPD to reconsider petitioner's application under recent legislative and regulatory amendments.
The article 78 court remanded petitioner's application for a special carry handgun license which NYPD denied under the then-governing proper-cause standard of 38 RCNY 5-03 and Penal Law § 400.00 (2) (f) prior to their amendment. However, following the Supreme Court's decision in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US —, 142 S Ct 2111 [2022]), which invalidated the proper-cause requirement under the Second Amendment, the legislature amended the Penal Law and NYPD amended its regulations to eliminate that standard (see Penal Law § 400.00; 38 RCNY 5-03). We therefore vacate the court's order and remand to respondents to reconsider petitioner's application under the now-governing standards (see Matter of Callahan v City of New York, 208 AD3d 422, 423 [1st Dept 2022]). Concur—Webber, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.