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County Court, Dutchess County, September 22, 2009
APPEARANCES OF COUNSEL
Lee David Klein, Poughkeepsie, for applicant. William V. Grady, District Attorney,
Poughkeepsie (Richard W. Fiorile of counsel). {**26 Misc 3d at 292} OPINION OF THE COURT Gerald V. Hayes, J. {**26 Misc 3d at 293}In June 1997, the District Attorney made application to revoke the pistol permit of Robert T on the ground that he was being treated for a psychiatric illness. After numerous conferences and adjournments (including a one-year adjournment), on December 18, 2000, Judge Marlow signed an order revoking the permit. The order also provided that Robert T could apply for a new permit no sooner than 30 months from that date. He has now reapplied. In support of his application, he has submitted a memorandum from his psychologist which states:
"I am a psychologist who has been treating (Robert T) since September 27, 2001. He has asked me to write to you regarding his condition, our treatment and his medication compliance. During this time, (Robert T) has not experienced any psychotic episodes. Indeed, our treatment has focused on maintaining his stable condition rather than treating any acute symptomatology. He has been an active and cooperative participant in his treatment and has attended as scheduled. Throughout his treatment, (Robert T) has been prescribed psychotropic medications. From my observation, he has consistently taken these medications as prescribed. While many patients stop their medications due to unpleasant side effects, (Robert T) appears to have suffered none of these. He views these medications as critical for maintaining his mental health."
As part of the application process, I interviewed Robert T in the presence of his attorney.
Robert T reported that he has been a member of a fish and game association for more than 40 years and explained various reasons why he wanted to reobtain a pistol permit.
As to the issue of mental illness, while Robert T acknowledged that his psychologist was saying essentially that he has a psychiatric disorder which is under control because of the medication and psychotherapy sessions, he also stated that he hasn't suffered any symptom for 11 or 12 years and takes his medication religiously.
Robert T is on a disability retirement from the United States Postal Service.
The District Attorney opposes the application on two grounds:{**26 Misc 3d at 294}
(1)
that Robert T has been diagnosed with a mental illness and is ineligible for a permit pursuant to Penal Law

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