Kwitny v. McGuire

OPINION OF THE COURT Memorandum. The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice Richard W. Wallach at Supreme Court. In response to the position advanced by the dissent it suffices to observe that while subdivision 3 of section 400.00 of the Penal Law prescribes the inclusion in the application of certain described data, nothing in that subdivision precludes expansion of the application by the licensing officer to require submission of additional relevant information. Nor does anything in subdivision 5 suggest that the “application” thereby made a “public record” is limited to the data required to be furnished under subdivision 3. Whether as a matter of sound policy disclosure of the contents of applications should be restricted is a matter for consideration and resolution by the Legislature.