MATTER OF FINK v. COLE


1 N.Y.2d 48 (1956)

In the Matter of Jule Fink, Respondent, v. Ashley T. Cole et al., Constituting the Racing Commission of the State of New York, Appellants.

Court of Appeals of the State of New York.

Decided March 22, 1956.


Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (Samuel A. Hirshowitz and James O. Moore, Jr., of counsel), for appellants.

Charles H. Tuttle and Moses Polakoff for respondent.

CONWAY, Ch. J., DESMOND, DYE and FULD, JJ., concur with BURKE, J.; VAN VOORHIS, J., dissents and votes to affirm; FROESSEL, J., taking no part.


BURKE, J.

The petitioner, Fink, instituted a proceeding to set aside the denial of his application for an owner's racing license on the grounds (1) that the denial of the license was based upon investigations, testimony and exhibits constituting the proof in a prior proceeding denying a license to the petitioner — a determination which had been annulled by this court for the reason that the hearing board...

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