| Matter of Mazzulli, Eugene A. |
| Motion No: 2007-02369 |
| Slip Opinion No: 2007 NYSlipOp 79050(U) |
| Decided on September 25, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M59551
E/nl
ROBERT A. SPOLZINO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
DANIEL D. ANGIOLILLO, JJ.
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2007-02369 DECISION & ORDER ON APPLICATION In the Matter of Eugene A. Mazzulli, appellant. (Index No. 06-00003)
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Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the County Court, Westchester County, entered February 9, 2007.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the appropriate procedure to seek review of the County Court's determination denying the application for a pistol permit is by commencement of a proceeding pursuant to CPLR article 78, in this court (see CPLR 7801; CPLR 506[b][1]; In the Matter of Panaro, 250 AD2d 616; Matter of County of Westchester v D'Ambrosio, 244 AD2d 344); and it is further,
ORDERED that the application is denied as academic.
SPOLZINO, J.P., KRAUSMAN, FISHER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court