Justice Lucy Billings

Wilson moved to vacate a prior order which denied her petition to reverse the police department license division’s denial of her application for a gun license. The division claimed she failed to disclose an arrest for charges that were eventually dismissed, noting such failure, and not the arrest itself, was the sole reason for the denial of the gun license application. It stated Wilson violated a requirement of Penal Law §400.00 that all statements the application be true, claiming Wilson’s answer that she was never arrested was false, triggering the denial. The court stated as Criminal Procedure Law §160.60 applied to the dismissal of the charges that Wilson was arrested for, her answer was, in fact, true when she did not disclose her arrest as it was a nullity, and she was restored to her status before the arrest, as if it never happened. Thus, it concluded that as Wilson’s non-disclosure of her prior arrest was the sole basis for the division’s denial of the gun license application, the division’s denial was based on an error of law, and unsupported by any evidence that Wilson failed to make a required statutory disclosure. The court granted Wilson vacatur of the prior order, remanding the petition to the division for a new determination.