New York State Supreme Court Upholds Commission’s Denial of Longshoreman’s Petition for Restoration of Registration
February 7, 2013
On February 7, 2013, Justice Cynthia S. Kern of the New York State Supreme Court denied and dismissed the Article 78 Petition filed by Joseph Grosso to annul the Commission’s decision to deny the restoration of his longshoreman’s registration. Grosso was arrested with others in 1991 for misappropriating truck tires while employed as a maintenance man on the waterfront. After an administrative hearing, the Commission revoked Grosso’s registration effective January 16, 1995, finding that he had participated in misappropriation of property.
Grosso’s prior petitions for restoration, filed from 1995 to 2003, were all denied, and he worked as an unregistered maintenance man until he was laid off following his employer’s move to the waterfront, which therefore required that he be registered with the Commission. The Commission denied Grosso’s petition for restoration because he (1) was previously a participant in a misappropriation of property scheme, (2) failed to take responsibility when questioned by the Commission about his actions, and (3) failed to present any evidence of economic hardship.
The Court found that the Commission’s denial of Grosso’s petition was made on a rational basis, noting that it was rational for the Commission to deny the subsequent petitions on the same ground for which his registration was initially revoked. The Court also upheld the Commission’s decision in light of Grosso’s failure to take responsibility for his actions 21 years later. Further, it ruled that Grosso had failed to challenge the Commission’s 1995 findings in an Article 78 action, and he was time-barred from doing so now.
Accordingly, the Court denied and dismissed Grosso’s petition completely. A copy of the Court's Decision and Order is attached.
Court Decision and Order: