Matter of Bell v. Waterfront Commn. of N.Y. Harbor

In Matter of Bell v. Waterfront Commn. of N.Y. Harbor (20 NY2d 54, 228 NE2d 758, 281 NYS2d 753 [1967]), it decided a matter arising out of the respondent's determination revoking the petitioner's registration as a longshoreman based on his fraud and misrepresentation in answering questions about his alleged subversive activities. The petitioner challenged the statute that permitted the respondent to discipline longshoremen for subversive activities. Although the Court addressed the constitutionality of the statute, it also observed, citing Dennis, that "in view of the petitioner's fraud and deception, there is ample basis for denying the opportunity of challenging the constitutionality of the statute." (20 NY2d 54, 60, 228 NE2d 758, 281 NYS2d 753 [1967].)