New York State Supreme Court Denies and Dismisses Petition to Overturn Commission’s Revocation
April 28, 2011
On April 28, 2011, New York State Supreme Court Justice Manuel J. Mendez ruled in favor of the Commission, denying and dismissing the Article 78 Petition of Anthony Furina, Jr. Mr. Furina, Jr., a former pier superintendent, had challenged the Commission’s decision to revoke his pier superintendent license for his failure to possess good character and integrity.
In dismissing the Petition, Judge Mendez noted that, “Administrative Law Judge Bailey made credibility determinations and findings of fact. On April 5, 2010, he rendered a 19 page decision stating at its conclusion ‘Having found that most of the allegations set forth in the Notice of Hearing, i.e., that respondent acted in a disorderly manner, resisted arrest, and tried to deceive the commission, have been proven by a fair preponderance of the evidence, it is the recommendation of the administrative judge that respondent’s license as a pier superintendent be revoked.’ On May 17, 2010, the Commission unanimously adopted the findings and recommendations of Administrative Law Judge Bailey and ordered that Petitioner’s license as a pier superintendent be revoked effective June 1, 2010.”