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

126 A.D.2d 956 (1987)

In the Matter of Robert Warner, 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.

January 23, 1987

Determination unanimously confirmed and petition dismissed, without costs.

Memorandum:

Although we find substantial evidence to support respondent's determination, our decision is without prejudice to any future application by petitioner. On a previous appeal we found substantial evidence to support a determination that petitioner acquiesced in a race-fixing scheme by intentionally driving his horse, White Spirit, in such a manner as to prevent it from finishing...

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