New York County Supreme Court Finds that Administrative Agency’s Denial of Handgun Permit was not Arbitrary or Capricious

By Lewis Tesser and Timothy Nolen

A recent decision from the New York County Supreme Court discusses the burden that a party must meet in order to overturn an administrative decision.  The case involved issues of administrative law and civil practice.

The case, James v. Kelly, 103219/10, NYLJ 1202518923167 (Sup Ct. N.Y. County, October 12, 2011), involved a former Corrections Officer who was denied a handgun permit. The New York City Police Commissioner denied the application after discovering that the applicant lacked candor and lied about the basis of his termination from the New York City Department of Corrections. Upholding the Commissioner’s decision, the Court noted that the decision was not arbitrary and capricious or an abuse of discretion.

At Tesser, Ryan & Rochman, LLP, their attorneys have years of experience in Administrative Law and working with administrative agencies. Their attorneys can advise clients on how to best approach a challenge to an agency’s actions.