Opinion
May 18, 1971
Determination of Waterfront Commission of New York Harbor dated July 30, 1970, revoking petitioner's license as a port watchman, unanimously modified on the law and in the exercise of discretion to the extent of reducing the punishment imposed by respondent Waterfront Commission from revocation of the license to a suspension for a period commencing with the effective date of the temporary order suspending petitioner's license to the date of publication of this decision, and as so modified, the determination is confirmed, without costs and without disbursements. While we find substantial evidence to confirm the respondent's finding as to the guilt of the petitioner, in our view under all the circumstances, and considering the petitioner's prior record, the penalty of revocation of his license was excessive and constituted an abuse of discretion. In the exercise of the power vested in this court (See Matter of Mitthauer v. Patterson, 8 N.Y.2d 37; Matter of Bovino v. Scott, 22 N.Y.2d 214; Matter of Handel v. Gabel, 22 A.D.2d 654, CPLR 7803, subd. [3]), we conclude that the penalty should be limited as indicated above.
Concur — Stevens, P.J., McGivern, Tilzer and Macken, JJ.