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


56 A.D.2d 849 (1977)

In the Matter of Catello J. Somma, Respondent, v. Waterfront Commission of New York Harbor et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 7, 1977


Judgment reversed, on the law, without costs or disbursements, determination of the waterfront commission reinstated, and proceeding dismissed on the merits.

Section 7 of article XI of the Waterfront Commission Compact (L 1953, ch 882 § 1), authorizes the judicial review of a denial by the waterfront commission of an application for restoration of a registration. The denial of petitioner's application was neither arbitrary nor capricious. The sanction of dismissal...

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