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Shuler v. Westchester County Attorney

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


November 24, 2009

IN THE MATTER OF CHARLES E. SHULER, APPELLANT;
v.
WESTCHESTER COUNTY ATTORNEY, RESPONDENT.

In a proceeding to revoke a pistol license, Charles E. Shuler appeals from an order of the County Court, Westchester County (Hubert, J.), entered September 9, 2008, which, after a hearing, granted the administrative application of the Westchester County Attorney to revoke his pistol license.

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., RANDALL T. ENG, LEONARD B. AUSTIN & SHERI S. ROMAN, JJ.

(Index No. 800030/08)

DECISION & ORDER

ORDERED that the appeal is dismissed, with costs.

The appropriate procedure for the review of a determination of a County Court Judge, acting in his or her administrative capacity as the firearms licensing officer for the County of Westchester under Penal Law § 400.00(11) and § 265.00(10), is not a direct appeal, but the commencement of a CPLR article 78 proceeding in this Court (see CPLR 7801; 506[b][1]; Matter of Panaro [County of Westchester], 250 AD2d 616; Matter of County of Westchester v D'Ambrosio, 244 AD2d 334). The instant appeal cannot be converted into an original proceeding commenced in this Court since the County Court Judge who made the determination is a necessary party and was not named or served (see Matter of Panaro [County of Westchester], 250 AD2d at 616; Matter of Greenspan v O'Rourke, 27 NY2d 846). Therefore, the appeal must be dismissed (see Matter of County of Westchester v D'Ambrosio, 244 AD2d at 336).

SKELOS, J.P., ENG, AUSTIN and ROMAN, JJ., concur.

20091124

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