MAIETTA v. N.J. RACING COMM'N


183 N.J. Super. 397 (1982)

444 A.2d 55

STEVEN A. MAIETTA, APPELLANT, v. NEW JERSEY RACING COMMISSION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1982.


Attorney(s) appearing for the Case

Zulima V. Farber argued the cause for appellant (Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys; Matthew P. Boylan, on the brief; Judy G. Russell on reply brief.)

John A. Covino, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James R. Zazzali, former Attorney General of New Jersey, Charles J. Hanlon, Jr., Deputy Attorney General, of counsel; Jeffrey S. Katz and Fredric M. Knapp, Deputy Attorneys General, of counsel and on the brief).

Before Judges MATTHEWS, PRESSLER and PETRELLA.


The opinion of the court was delivered by PRESSLER, J.A.D.

This appeal raises the question of whether the Rehabilitated Convicted Offender Act (RCOA), N.J.S.A. 2A:168A-1 et seq., applies to the licensing function of the New Jersey Racing Commission and, if so, whether the Commission mistakenly exercised its discretion in denying a groom's license to appellant Steven A. Maietta despite the favorable recommendation of the administrative law judge.

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