Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to review a determination of respondent which revoked petitioner’s pistol permit.
Petitioner was arrested and charged with the crime of menacing in the second degree (see Penal Law § 120.14 [1])
It is settled that “[t]he State has a substantial and legitimate interest ... in insuring the safety of the general public from individuals who, by their conduct, have shown themselves to be lacking the essential temperament or character which should be present in one entrusted with a dangerous instrument” (Matter of Pelose v County Ct. of Westchester County, 53 AD2d 645, 645 [1976], appeal dismissed 41 NY2d 1008 [1977]; see Matter of Gerard v Czajka, 307 AD2d 633, 633 [2003]; Matter of La Grange v Bruhn, 291 AD2d 601, 602 [2002]; Matter of Finley v Nicandri, 272 AD2d 831, 832 [2000]). As respondent is vested with broad discretion in matters of this kind and his determination is entitled to great deference, we find no basis to disturb it since there was no showing of an abuse of discretion or that it was made in an arbitrary or capricious manner (see Matter of Gerard v Czajka, supra at 634).
Moreover, despite petitioner’s protestations to the contrary, he was afforded ample opportunity to contest all evidence presented against him. Petitioner was told by respondent that he considered the investigative report in the initial suspension of his pistol permit. Such report was provided to petitioner well in advance of the revocation hearing. Moreover, each witness interviewed in connection with that report testified at the hearing. For all of these reasons, we discern no error (see Matter of Dlugosz v Scarano, 255 AD2d 747, 749 [1998], appeal dismissed 93 NY2d 847 [1999], lv denied 93 NY2d 809 [1999], cert denied 528 US 1079 [2000]; Matter of Demyan v Monroe, 108 AD2d 1004, 1005 [1985]).
Spain, Mugglin, Rose and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
The charge was resolved by an adjournment in contemplation of dismissal.
