WCNYH

New York State Supreme Court, Appellate Division Upholds Commission's Revocation of Special Craft Longshoreman's Registration

March 12, 2013

           On March 12 2013, the New York State Supreme Court, Appellate Division unanimously affirmed the dismissal of the Article 78 Petition filed by special craft longshoreman Anthony Rispoli to overturn the Waterfront Commission's revocation of his registration. Rispoli was charged with operating a large-scale marijuana grow operation, thereby rendering his 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. After an administrative hearing, the administrative law judge found that the Commission established the charges against Rispoli by a fair preponderance of the credible evidence.

           On appeal, Rispoli requested that the Court annul the Commission's determination due to various due process violations, which included the admission of certain hearsay testimony during the administrative hearing. The Court rejected Rispoli's allegations that there were due process violations, indicating that "the admission of hearsay statements at the administrative hearing did not violate petitioner’s due process right to a fair hearing or cross-examination."

           

           A copy of the Court's Decision and Order is attached.

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Court Decision and Order: