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MATTER OF TANNENHOLZ v. WATERFRONT COMM'N OF NEW YORK HARBOR

30 N.Y.2d 668 (1972)

In the Matter of Louis Tannenholz, Respondent, v. Waterfront Commission of New York Harbor, Appellant.

Court of Appeals of the State of New York.

Decided March 23, 1972.

Attorney(s) appearing for the Case

Irving Malchman, William P. Sirignano and Leonard Picariello for appellant.

Stephen Davis, Wilfred L. Davis and Joy M. Holz for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Judge JASEN dissents and votes to reverse in the following opinion in which Judge BREITEL concurs.

Order affirmed, with costs, on the opinion at the Appellate Division.

JASEN, J. (dissenting).

The question presented on this appeal is whether revocation of a port watchman's license for aiding and abetting in the misappropriation of cargo constitutes an abuse of discretion upon the ground of excessive punishment.

I find no sound basis for concluding that the revocation of petitioner's license was an abuse of discretion, and, therefore...

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