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VASQUEZ v. VAN LINDT

No. 395, Docket 83-7723.

724 F.2d 321 (1983)

Jacinto VASQUEZ, Plaintiff-Appellant, v. John VAN LINDT, Individually and as Chairman of the New York State Racing and Wagering Board, and Bertram Sarafan and Joseph O'Dea, Individually and as Members of the New York State Racing and Wagering Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Mark F. Pomerantz, New York City (Ronald P. Fischetti, New York City, Anne C. Feigus, New York City, of counsel), for plaintiff-appellant.

William H. Mohr, Asst. Atty. Gen., of counsel, New York City (Robert Abrams, Atty. Gen., State of N.Y., Melvyn Leventhal, Deputy First Asst. Atty. Gen., and Brenda S. Spears, Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Before CARDAMONE, PIERCE and PRATT, Circuit Judges.

PIERCE, Circuit Judge:

Plaintiff-Appellant Vasquez appeals from an order dated August 18, 1983, of the United States District Court for the Southern District of New York, Mary Johnson Lowe, Judge, denying Vasquez' motion for a preliminary injunction. The injunction sought would have stayed enforcement of an order of the New York State Racing and Wagering Board which suspended for one year Vasquez' license to work as a thoroughbred jockey. The district court...

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