In DiStefano v. Kelly, 47 A.D.3d 928, 850 N.Y.S.2d 203 (2d Dep't 2008), the Second Department did hold that "the denial of the petitioner's application for a premises residence handgun license on the ground that the petitioner failed to timely renew his prior license or voucher his handgun was arbitrary and capricious." Id. at 929. However, the Court premised the decision on its determination that the petitioner reasonably failed to renew the license, because the NYPD conceded that the renewal form was sent to an incorrect address. Id.