MATTER OF TAPPIS v. NEW YORK STATE RACING & WAGERING BD., HARNESS RACING DIV.


36 N.Y.2d 862 (1975)

In the Matter of Gerald Tappis, Respondent, v. New York State Racing and Wagering Board, Harness Racing Division, Appellant.

Court of Appeals of the State of New York.

Decided May 13, 1975.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Gabriel I. Levy, Samuel A. Hirshowitz and Irving Galt of counsel), for appellant.

Morton S. Swirsky and Else Perl for respondent.

Jesse Moss and Sue Wimmershoff-Caplan for Standardbred Owners Association of New York, amicus curiae.

O. Carlysle McCandless, Miles M. Tepper and Ira A. Finkelstein for New York Racing Association, Inc., amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

We reverse the judgment of the Appellate Division, reinstate the determination of the New York State Racing and Wagering Board (Board) and hold that the statutory scheme for imposing sanctions by the Board, adopted pursuant to section 37 of chapter 254 of the Laws of 1940, as amended, does not offend any constitutional right. The record reveals substantial evidence to sustain the determination that petitioner violated an established Board rule (9 NYCRR...

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