Opinion
June 3, 1997
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
Respondent's determination is supported by substantial evidence that petitioner failed to safeguard his gun, carried it with him after work while socializing, and displayed it to an individual in a threatening manner. "[T]he dismissal of the criminal proceeding did not operate as a bar to the subsequent administrative proceeding or the determination to revoke the license based upon the circumstances underlying the criminal charges." ( Matter of St.-Oharra v. Colucci, 67 A.D.2d 1104.) No basis exists to disturb respondent's findings of credibility ( see, Matter of Lipton v. Ward, 116 A.D.2d 474, 477), or his decision that revocation of the pistol license is the appropriate penalty ( see, supra, at 476).
Concur — Sullivan, J.P., Ellerin, Nardelli, Tom and Mazzarelli, JJ.