Wednesday, March 16, 2011

Certificate of Relief from Disabilities

Our firm played a small part in the case of Figel v. Dwyer. We were hired as local counsel by Attorney John S. Chambers. He handles pistol licensing cases in NYC. He did all the paperwork, taking my suggestions into account, and we appeared in front of Judge Dwyer in Bethlehem Town Court. We were trying to get a "certificate of relief from disabilities" from a very old conviction so that the client could get a pistol license - which had already been approved by the NYPD. Our work on the case was back in 2008.

Judge Dwyer denied our motion. I should note that he is one of my favorite judges and is generally well liked by lawyers. He's just a really good guy.

But with that said, he was wrong in this case. Mr. Chambers then filed an "Article 78" proceeding which went to Judge O'Connor (also a judge I like very much - and a classmate from law school). We did not participate in that or the appeal that followed. Chambers won the case on appeal and after getting the case kicked back to him, Judge Dwyer did the right thing and issued the certificate.

I was reading through our e-mails from back in 2008 and noticed that I had made a specific suggestion about the paperwork that would put the case in better position if an appeal or Article 78 became necessary. I can't say for sure that it made the difference, but I'm pretty sure it helped.

Congratulations to Mr. Chambers for a job well done.


Saratoga Lawyer said...

I am in the process of preparing a CRD application in the Town of Colonie for the exact same reason. Would you be so kind as to provide me with the insight that you thought would have been helpful to the 2008 application.

Thank you in advance.

Unknown said...

I thought it was important to submit evidence of the client's good character in recent years.

Anonymous said...

I am currently trying to obtain a CRD. However my need for it is due to a misdemenor conviction. I have been unable to find gainful employment due to my conviction. And am at my witts end because the judge wont grant me what I need to go back to work. Can anybody please please help me. Im desperate.

Unknown said...

Contact a lawyer who works in that court.