Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 New York opinions name it 3 courts 1992–2011 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sewell v. City of New Yorkgreen2 sentences1996It is well settled that the possession of a handgun license is a privilege, not a right, the issuance of which is committed to the broad discretion of the New York City Police Commissioner in accordance with the Administrative Code of the City of New York and Penal Law § 400.00 (Matter of Tartaglia v Kelly, 215 AD2d 166 ; Sewell v City of New York, 182 AD2d 469 , lv denied 80 NY2d 756 ; Matter of Caruso v Ward, 160 AD2d 540 , lv denied 76 NY2d 706 ). 1995Possession of a handgun license is a privilege, not a right, the issuance of which is committed to the sound discretion of the licensing official (Sewell v City of New York, 182 AD2d 469, 472, 473 , Iv denied 80 NY2d 756 ). | 2 | 5 |
Fondacaro v. Kellygreen2 sentences2005It is well settled that the possession of a handgun license is a privilege, not a right, which is subject to the broad discretion of the New York City Police Commissioner (Matter of Kaplan v Bratton, 249 AD2d 199, 201 [1998]; Matter of Fondacaro v Kelly, 234 AD2d 173, 177 [1996], lv denied 89 NY2d 812 [1997]), and respondent, by statute, has been delegated “extraordinary power” in these matters (Matter of O'Brien v Keegan, 87 NY2d 436, 439 [1996]; Matter of Trimis v New York City Police Dept., 300 AD2d 162 , 163 [2002], lv denied 100 NY2d 503 [2003]). 1997The appellate courts in New York, noting the discretionary authority vested in licensing officers, repeatedly have stressed that "the possession of a handgun license is a privilege, not a right” (Matter of Fondacaro v Kelly, 234 AD2d 173, 177 [emphasis added]). | 2 | 2 |
Tolliver v. Kellygreen1 sentence2011Possession of a handgun license is a privilege, not a right, and as such, it is subject to the broad discretion of the Police Commissioner (see Matter of Tolliver v Kelly, 41 AD3d 156, 158 [2007], lv denied 9 NY3d 809 [2007]). | 1 | 1 |
Kaplan v. Brattongreen1 sentence2005It is well settled that the possession of a handgun license is a privilege, not a right, which is subject to the broad discretion of the New York City Police Commissioner (Matter of Kaplan v Bratton, 249 AD2d 199, 201 [1998]; Matter of Fondacaro v Kelly, 234 AD2d 173, 177 [1996], lv denied 89 NY2d 812 [1997]), and respondent, by statute, has been delegated “extraordinary power” in these matters (Matter of O'Brien v Keegan, 87 NY2d 436, 439 [1996]; Matter of Trimis v New York City Police Dept., 300 AD2d 162 , 163 [2002], lv denied 100 NY2d 503 [2003]). | 1 | 1 |
MATTER OF O'BRIEN v. Keegangreen1 sentence2005It is well settled that the possession of a handgun license is a privilege, not a right, which is subject to the broad discretion of the New York City Police Commissioner (Matter of Kaplan v Bratton, 249 AD2d 199, 201 [1998]; Matter of Fondacaro v Kelly, 234 AD2d 173, 177 [1996], lv denied 89 NY2d 812 [1997]), and respondent, by statute, has been delegated “extraordinary power” in these matters (Matter of O'Brien v Keegan, 87 NY2d 436, 439 [1996]; Matter of Trimis v New York City Police Dept., 300 AD2d 162 , 163 [2002], lv denied 100 NY2d 503 [2003]). | 1 | 1 |
Iacono v. Police Departmentgreen1 sentence2005Indeed, the only issue to be reviewed by this Court herein is whether the administrative decision to revoke petitioner’s pistol license was arbitrary and capricious or an abuse of discretion (Iacono v Police Dept. of City of N.Y., 204 AD2d 225, 226 [1994], lv dismissed in part and denied in part 85 NY2d 848 [1995]; Sewell v City of New York, 182 AD2d 469, 473 [1992], lv denied 80 NY2d 756 [1992]), and whether a rational basis exists for the agency’s determination. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Caruso v. Ward
green
2 sentences1996It is well settled that the possession of a handgun license is a privilege, not a right, the issuance of which is committed to the broad discretion of the New York City Police Commissioner in accordance with the Administrative Code of the City of New York and Penal Law § 400.00 (Matter of Tartaglia v Kelly, 215 AD2d 166 ; Sewell v City of New York, 182 AD2d 469 , lv denied 80 NY2d 756 ; Matter of Caruso v Ward, 160 AD2d 540 , lv denied 76 NY2d 706 ). 1993In any event, the issue is settled: "The possession of a handgun license is a privilege rather than a right” (Sewell v City of New York, supra, 182 AD2d 469, 472 , citing Matter of Caruso v Ward, 160 AD2d 540 , lv denied 76 NY2d 706 ). | 3 | 1992–1996 |
Sable v. McGuire
neutral
2 sentences1996Further, the only issue for consideration by the court is whether the administrative determination, in this case whether petitioner qualifies for the license in question, was arbitrary and capricious or an abuse of discretion (Matter of Pell v Board of Educ., 34 NY2d 222 ; Matter of Milo v Kelly, 211 AD2d 488 ; Sable v McGuire, 92 AD2d 805 ). 1995Respondent’s determination that petitioner did not demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession cannot be said to be arbitrary, capricious or an abuse of discretion (see, Matter of Milo v Kelly, 211 AD2d 488 ; Matter of Conciatori v Brown, 201 AD2d 323 ; Sable v McGuire, 92 AD2d 805 ; Matter of Klenosky v New York City Police Dept., 75 AD2d 793 , affd 53 NY2d 685 ). | 2 | 1995–1996 |
Milo v. Kelly
green
2 sentences1996Further, the only issue for consideration by the court is whether the administrative determination, in this case whether petitioner qualifies for the license in question, was arbitrary and capricious or an abuse of discretion (Matter of Pell v Board of Educ., 34 NY2d 222 ; Matter of Milo v Kelly, 211 AD2d 488 ; Sable v McGuire, 92 AD2d 805 ). 1995Respondent’s determination that petitioner did not demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession cannot be said to be arbitrary, capricious or an abuse of discretion (see, Matter of Milo v Kelly, 211 AD2d 488 ; Matter of Conciatori v Brown, 201 AD2d 323 ; Sable v McGuire, 92 AD2d 805 ; Matter of Klenosky v New York City Police Dept., 75 AD2d 793 , affd 53 NY2d 685 ). | 2 | 1995–1996 |
Trimis v. New York City Police Department
green
1 sentence2005It is well settled that the possession of a handgun license is a privilege, not a right, which is subject to the broad discretion of the New York City Police Commissioner (Matter of Kaplan v Bratton, 249 AD2d 199, 201 [1998]; Matter of Fondacaro v Kelly, 234 AD2d 173, 177 [1996], lv denied 89 NY2d 812 [1997]), and respondent, by statute, has been delegated “extraordinary power” in these matters (Matter of O'Brien v Keegan, 87 NY2d 436, 439 [1996]; Matter of Trimis v New York City Police Dept., 300 AD2d 162 , 163 [2002], lv denied 100 NY2d 503 [2003]). | 1 | 2005–2005 |
Iacono v. Police Department
neutral
1 sentence2005Indeed, the only issue to be reviewed by this Court herein is whether the administrative decision to revoke petitioner’s pistol license was arbitrary and capricious or an abuse of discretion (Iacono v Police Dept. of City of N.Y., 204 AD2d 225, 226 [1994], lv dismissed in part and denied in part 85 NY2d 848 [1995]; Sewell v City of New York, 182 AD2d 469, 473 [1992], lv denied 80 NY2d 756 [1992]), and whether a rational basis exists for the agency’s determination. | 1 | 2005–2005 |
Grumet v. Board of Education
green
1 sentence1997The Establishment Clause of the First Amendment of the United States Constitution states that "Congress shall make no law respecting an establishment of religion” (see, Grumet v Board of Educ., 81 NY2d 518, 526 ). | 1 | 1997–1997 |
Pell v. Board of Education
green
1 sentence1996Further, the only issue for consideration by the court is whether the administrative determination, in this case whether petitioner qualifies for the license in question, was arbitrary and capricious or an abuse of discretion (Matter of Pell v Board of Educ., 34 NY2d 222 ; Matter of Milo v Kelly, 211 AD2d 488 ; Sable v McGuire, 92 AD2d 805 ). | 1 | 1996–1996 |
Tartaglia v. Kelly
green
1 sentence1996It is well settled that the possession of a handgun license is a privilege, not a right, the issuance of which is committed to the broad discretion of the New York City Police Commissioner in accordance with the Administrative Code of the City of New York and Penal Law § 400.00 (Matter of Tartaglia v Kelly, 215 AD2d 166 ; Sewell v City of New York, 182 AD2d 469 , lv denied 80 NY2d 756 ; Matter of Caruso v Ward, 160 AD2d 540 , lv denied 76 NY2d 706 ). | 1 | 1996–1996 |
Klenosky v. New York City Police Department
green
1 sentence1995Respondent’s determination that petitioner did not demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession cannot be said to be arbitrary, capricious or an abuse of discretion (see, Matter of Milo v Kelly, 211 AD2d 488 ; Matter of Conciatori v Brown, 201 AD2d 323 ; Sable v McGuire, 92 AD2d 805 ; Matter of Klenosky v New York City Police Dept., 75 AD2d 793 , affd 53 NY2d 685 ). | 1 | 1995–1995 |
Klenosky v. New York City Police Department
green
1 sentence1995Respondent’s determination that petitioner did not demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession cannot be said to be arbitrary, capricious or an abuse of discretion (see, Matter of Milo v Kelly, 211 AD2d 488 ; Matter of Conciatori v Brown, 201 AD2d 323 ; Sable v McGuire, 92 AD2d 805 ; Matter of Klenosky v New York City Police Dept., 75 AD2d 793 , affd 53 NY2d 685 ). | 1 | 1995–1995 |
Conciatori v. Brown
green
1 sentence1995Respondent’s determination that petitioner did not demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession cannot be said to be arbitrary, capricious or an abuse of discretion (see, Matter of Milo v Kelly, 211 AD2d 488 ; Matter of Conciatori v Brown, 201 AD2d 323 ; Sable v McGuire, 92 AD2d 805 ; Matter of Klenosky v New York City Police Dept., 75 AD2d 793 , affd 53 NY2d 685 ). | 1 | 1995–1995 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.