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MATTER MATTHEW R. ENGLISH v. WATERFRONT COMMISSION NEW YORK HARBOR (05/20/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


May 20, 1968

IN THE MATTER OF MATTHEW R. ENGLISH, APPELLANT,
v.
WATERFRONT COMMISSION OF NEW YORK HARBOR, RESPONDENT

In a proceeding pursuant to article 78 of the CPLR to annul respondent's determination, dated March 7, 1967, which denied petitioner's application for leave to reapply for registration as a checker, petitioner appeals from a judgment of the Supreme Court, Kings County, dated September 29, 1967, which dismissed the petition.

Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

Section 1.10 of the Waterfront Commission's Regulations provides that reapplications may be submitted only "upon leave of the commission for good cause shown" (21 NYCRR 1.10). Reapplications are subject to that regulation (Matter of Brennan v. Rubino, 8 N.Y.2d 16). Accordingly, we are of the opinion that a new hearing is not required upon a petition for leave to reapply for registration (cf. L. 1953, ch. 882, § 1, art. XI, par. 1; § 5-g, as added by L. 1954, ch. 220, § 2). Moreover, since the basis for respondent's action was perfectly obvious from the record, "no hearing was required" (Waterfront Comm. of N. Y. Harbor v. Pasquale, 65 N. J. Super. 498, 503).

Disposition

 Judgment affirmed, without costs.

19680520

© 1998 VersusLaw Inc.



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