Appellate Division of the Supreme Court of the State of New York October 29, 1957 (Suttle v. Kennedy)

From the record it appears that the action of the police commissioner was not arbitrary or capricious but was a permissible exercise of his judgment and discretion. There is no basis for our interfering with his determination. Order unanimously reversed and petition dismissed, without costs. Appeal dismissed. No opinion. Concur — Breitel, J. P., Rabin, Frank, Valente and McNally, JJ.