NY State Supreme Court Upholds Commissionís Revocation of Maintenance Manís Registration.
Date: August 15, 2011
On August 15, 2011, Justice Eileen Rackower of the New York State Supreme Court denied Port Newark Container Terminal maintenance man Roy Marohn’s Article 78 petition to overturn the Waterfront Commission’s revocation of his registration.
A Copy of the decision is attached.
Marohn had been charged with inappropriately touching the breast and leg of a female terminal security guard without her consent, threatening his supervisor at PNCT with violence on two occasions while armed with a weapon, damaging PNCT property, using cocaine and lying about his cocaine use.
After a hearing, an Administrative Law Judge sustained all of the charges and recommended the revocation of Marohn’s registration. On August 16, 2010, the Commission followed the ALJ’s recommendation and revoked Marohn’s registration as a maintenance man.
On appeal, Justice Rackower found there was “ample testimony in the record … to sustain all the charges” and that a rational basis existed for the Commission’s determination. She denied and dismissed Marohn’s petition.
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