Matter of Grosso v. Waterfront Commission of NY Harbor

Administrative Law

New York Law Journal


Justice Cynthia Kern

Grosso sought to annul a decision by Waterfront Commission of New York Harbor denying his petition for restoration of his longshoremen's registration. Grosso was arrested with others in 1991 for misappropriating truck tires while employed as maintenance men on the waterfront. Criminal charges were dismissed against Grosso, but after a hearing, the commission revoked Grosso's registration finding he participated in the misappropriation of property. Grosso's prior petitions for restoration were all denied, and he worked as an unregistered maintenance man, until he was laid off following a requirement that all employees were required to be registered with the commission. The court found the commission's denial of Grosso's petition for restoration was made on a rational basis, noting it was rational for the commission to deny the subsequent petitions on the same ground—using his position to misappropriate property from a prior employer—and failing to take responsibility for his actions over 21 years later. Further, it ruled Grosso failed to challenge the commission's findings in an Article 78 action, and he was time-barred from doing so now, denying his petition entirely.

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