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

100 A.D.2d 746 (1984)

In the Matter of Thomas J. Swift, Petitioner, v. New York State Racing and Wagering Board, Division of Harness Racing, Respondent

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

March 6, 1984

Determination unanimously annulled and petition granted, with costs.

Memorandum:

Petitioner's license as a harness racing driver was revoked by the State Racing & Wagering Board on the grounds that he conspired with others to fix the outcome of the eighth race at Buffalo Raceway on January 5, 1982 and intentionally drove his horse in such a manner as to prevent it from finishing first, second or third. After reviewing the entire record we are of the opinion...

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