Reputed mob boss Joey Merlino gets a little breather

FORMER Philly mob boss Joey Merlino will have time to perfect his "Gnocchi Mamma Rita" and "Veal South Philly" at his new Boca Raton, Fla., restaurant, Merlino's, and can enjoy his holidays in the Sunshine State.

Although a federal judge in Philadelphia has denied Merlino's request to postpone his four-month prison sentence pending his appeal to the Third Circuit, the judge allowed Merlino to push back the day when he must report to prison.

U.S. District Judge R. Barclay Surrick, in an order signed Friday and made public yesterday, said Merlino won't have to start his prison sentence next week, as originally ordered, but must begin it Jan. 5.

Surrick last month ruled that Merlino had violated the terms of his supervised release on a 2001 racketeering conviction by meeting with a member of the Philly crime family, John "Johnny Chang" Ciancaglini, in a Boca Raton cigar bar in June.

Merlino's lawyers, who appealed the judge's findings, claimed that the meeting was a "chance, casual encounter" that didn't violate probation.

It is not clear if the Third Circuit will rule on Merlino's appeal before or after Jan. 5. Assistant U.S. Attorney David Troyer yesterday said it could be months before the appellate court rules.

Surrick, in a court order, said the postponement of Merlino's prison-start date "will give the Third Circuit the opportunity to review [the appeal] before [Merlino] is required to report."

But in a separate memorandum, Surrick wrote that "there is little likelihood of success in [Merlino's] appeal."