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MATTER OF ROLLA v. BARRY

70 A.D.2d 717 (1979)

In the Matter of Larry Rolla, Respondent, v. William C. Barry et al., Appellants

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

May 17, 1979

Petitioner commenced this CPLR article 78 proceeding to annul the New York State Racing and Wagering Board's (Board) determination that pursuant to 9 NYCRR 4117.4 (n), petitioner's harness racing license should be suspended for 15 days for racing in a "manner inconsistent with an attempt to win". Special Term concluded that the determination was arbitrary, capricious and an abuse of discretion because it was without foundation in fact. On April 2, 1978 petitioner drove the...

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