MATTER OF ELDRED v. MONAGHAN


11 Misc.2d 701 (1958)

In the Matter of Thomas P. Eldred, Petitioner, v. George P. Monaghan, as Commissioner of Harness Racing, et al., Respondents.

Supreme Court, Oneida County.

June 12, 1958.


Attorney(s) appearing for the Case

Ernest B. Morris for petitioner.

Louis J. Lefkowitz, Attorney-General (Edward Siegfried of counsel), for respondents.


HENRY A. HUDSON, J.

The petitioner seeks an order pursuant to the provisions of article 78 of the Civil Practice Act annulling the determination of the respondent in refusing to issue a license to the petitioner to participate in harness horse racing meets during the year 1957 or in the alternative directing that these proceedings be transferred to the Appellate Division of the Supreme Court, Fourth Department.

The determination of the Commissioner...

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