Keep reading about the family inducting 5 new guys. I would guess there's probably more. They can induct guys any time any where. You don't think merlino made some guys down Florida or jersey. Reading about the Colombo family in the late 80tys there would be inductions every month 1 2 guys every 2 weeks. I bet today they have more made guys on the street since scarfo was boss. Good or bad.
Don't know if he can make guys by himself like that. I mean he very well could, but guys he's wanted inducted were supposedly inducted in Philly ceremonies when he first came home, so... But it may have been proven by some of the names of the suspected new made guys. Guys like Anthony Accardo are guys Merlino probably would have pushed to be inducted. There are a few others like that as well, which goes to show the guys Joey want inducted are still in South Philly and are inducted in South Philly.
Merlino plays outside the rules...I really doubt he would have any issue with going over a cap limit set by NY.
Hell, even in NY they were skirting the rules when it came to made members. Making guys during the ban on new made guys...having guys made in NJ then transferring...and also not waiting for a member to die before another is made.
So, I don't think its too far fetched to assume Merlino wouldn't care about that.
