Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to review, inter alia, a determination of respondent Saratoga County Judge which revoked petitioner’s pistol permit.
Petitioner was arrested and charged with assault in the third
Respondent denied petitioner’s subsequent request for a formal hearing, but agreed to review any additional materials petitioner chose to submit. Petitioner then submitted a letter detailing the facts underlying each of his arrests. Petitioner initiated this CPLR article 78 proceeding after respondent adhered to its determination to revoke his pistol permit.
We reject petitioner’s contention that respondent erred in not conducting an evidentiary hearing before rendering a determination. It is well settled that a formal hearing is not required prior to the revocation of a pistol permit as long as the licensee is given notice of the charges and has an adequate opportunity to submit proof in response (see, Matter of Gordon v LaCava,
Although petitioner relies on the fact that none of his arrests except one resulted in a conviction, this factor is not dispositive (see, Matter of County of Westchester v D'Ambrosio,
We have examined petitioner’s remaining contentions and find them to be unpersuasive.
Cardona, P. J., Mikoll, Mercure and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
