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  5. 97 A.D.2d 192 (1983)
 

MTR OF FAY v. REGAN

97 A.D.2d 192 (1983)

In the Matter of John F. Fay et al., Petitioners, v. Edward Regan, as Comptroller of The State of New York, et al., Respondents

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

December 8, 1983

Attorney(s) appearing for the Case

Lombardi, Reinhard, Walsh & Harrison, P. C. (Richard P. Walsh, Jr., and Michael T. McGarry of counsel), for petitioners.

Robert Abrams, Attorney-General (Peter G. Crary and William J. Kogan of counsel), for respondents.

MAIN, MIKOLL, YESAWICH, JR., and WEISS, JJ., concur.

KANE, J. P.

The facts of this case are not disputed. Petitioners Oscar Awe and John Fay have been harness racing judges in the State of New York since 1954 and 1956, respectively. Both petitioners submitted applications to the State Harness Racing Commission (commission) to become racing judges. Petitioner Fay was interviewed by the commissioner and petitioner Awe was interviewed by the deputy commissioner....

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