WCNYH

New York State Supreme Court Denies Longshoreman’s Petition for Temporary Restraining Order

September 20, 2012

           On September 20, 2012, Justice Cynthia S. Kern of the New York State Supreme Court denied the petition filed by longshoreman Louis Gomez for a temporary restraining order for an immediate stay of the Waterfront Commission's temporary suspension of his registration. The Commission suspended Gomez’s registration as a warehouseman after he was arrested by the Bayonne Police Department for various third degree crimes, including misconduct by a corporate official, money laundering, theft by deception, financial facilitation of criminal activity and receiving stolen property. The Commission also issued a notice of hearing to determine whether Gomez’s presence at the piers or other waterfront terminals in the Port of New York district a danger to the public peace and safety within the meaning of the Waterfront Commission Act, and whether the Commission should revoke, cancel or suspend his registration as a result.

           In denying Gomez’s request for injunctive relief, the Court found that the Commission properly exercised its statutory discretion in temporarily suspending Gomez’s registration pending an administrative hearing, and that doing so was not a violation of his due process rights.