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PRESTI v. N. Y. RACING ASSN.

46 A.D.2d 387 (1975)

In the Matter of Robert Presti, Respondent, v. New York Racing Association, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 6, 1975.

Attorney(s) appearing for the Case

Cahill Gordon & Reindel (Miles M. Tepper and O. Carlysle McCandless of counsel), for appellant.

Perito, Rose & Duerk and McGuire & Lawler (Paul L. Perito, Jordan P. Rose and Robert J. McGuire of counsel), for respondent.

COHALAN, CHRIST, BRENNAN and BENJAMIN, JJ., concur.

SHAPIRO, Acting P. J.

This proceeding was brought under article 78 of the CPLR to annul a directive of Thoroughbred Racing Protective Bureau, Inc. (hereinafter "the Bureau"), acting pursuant to orders of the appellant, New York Racing Association, Inc., that the petitioner be excluded from racetracks in New York owned by the appellant. The appeal (by permission) is from so much of an order of the Supreme Court...

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