Opinion
June 28, 1993
Appeal from the County Court, Westchester County.
Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.
The dismissal of criminal charges against the petitioner cannot bar a subsequent proceeding by the County Attorney to revoke the petitioner's pistol permit based on the same incident. The District Attorney's office and the County of Westchester are separate entities which do not stand in sufficient relationship with each other to warrant the invocation of the doctrine of collateral estoppel (see, e.g., Brown v. City of New York, 60 N.Y.2d 897, 898-899; Nelson v. Dufficy, 104 A.D.2d 234; Doe v. City of Mount Vernon, 156 A.D.2d 329). Moreover, we cannot say on this record that the respondent Judge's determination was arbitrary, capricious, or an abuse of discretion. Therefore, the determination will not be disturbed. Mangano, P.J., Bracken, Rosenblatt, Ritter and Copertino, JJ., concur.