Superior Court of New Jersey, Appellate Division, Denies Reefer Mechanic Supervisor’s Emergent Motion for a Stay of the Commission’s Revocation of His Registration Pending Appeal.
July 9, 2018
On July 9, 2018, the Superior Court of New Jersey, Appellate Division, denied the emergent motion by Frank Ferrara for a stay of the Commission’s revocation of his registration to work as a maintenance man pending his appeal. Ferrara’s registration was revoked on June 25, 2018, after the Commission found that he had associated with the following organized crime figures who had been convicted of racketeering activities: (1) Pasquale “Patty” Falcetti, Sr., a soldier in the Genovese crime family; (2) Andrew Gigante, an associate of the Genovese crime family and the son of the crime family’s late boss Vincent “The Chin” Gigante; and (3) Carmine Della Cava, a soldier in the Genovese crime family. The Commission further found that Ferrara had committed fraud, deceit, or misrepresentation in connection with a sworn interview in which he falsely denied associating with anyone who is a member or associate of an organized crime group. In addition, the Commission found that Ferrara’s presence in the Port was a danger to the public peace or safety.
In seeking a stay, Ferrara argued that he and his family will suffer irreparable harm and extreme hardship because he is the sole support his family, and his inability to work on the waterfront will prevent him from earning his annual income necessary to continue to do so. He also argued that his appeal is meritorious and likely to succeed on the merits.
The Court ruled that Ferrara failed to show a reasonable probability of ultimate success on the merits and accordingly, denied his motion for a stay.