Article 78 appeal denied due to prior felony conviction
Matter of Seery v Waterfront Commission of New York Harbor
Petitioner, William Seery, brought about this Article 78 appeal to review the decision of Waterfront Commission of New York Harbor denying his application for registration as a longshoreman and revoking his temporary registration. The Court ruled that respondent had the authority to deny petitioner’s application and revoke his temporary registration solely on the grounds of his existing felony conviction. With this prior conviction, the Court did not need to consider the question of whether petitioner’s presence at the waterfront was a danger to the public peace or safety. The imposed penalty was not shocking to one’s conscience.
Accordingly, the Court dismissed the petition, without costs.
