Matter of Esperon v Kelly
2015 NY Slip Op 01160 [125 AD3d 460]
February 10, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2015


[*1]
 In the Matter of Derek Esperon, Petitioner,
v
Raymond Kelly, Respondent.

Law Offices of John S. Chambers, New York (John S. Chambers of counsel), for petitioner.

Zachary W. Carter, Corporation Counsel, New York (Kathy Chang Park of counsel), for respondent.

Determination of respondent Police Commissioner, dated March 25, 2013, which revoked petitioner's premises-residence handgun license, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Donna M. Mills, J.], entered Aug. 8, 2013), dismissed, without costs.

Respondent's determination adopting the recommendation of an Administrative Hearing Officer is supported by substantial evidence (see Matter of Perlov v Kelly, 21 AD3d 270 [1st Dept 2005]), and there exists no basis upon which to disturb the credibility determinations made by the Hearing Officer (see generally Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]). To the extent that petitioner frames his arguments as constitutional claims that his rights under the Second Amendment were violated, they are unpreserved; such arguments were not advanced at the agency level (see Matter of Health Tea Corp. v New York City Loft Bd., 162 AD2d 152, 153 [1st Dept 1990]). In any event, these arguments are unavailing. Concur—Tom, J.P., Friedman, Andrias, DeGrasse and Gische, JJ.