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

143 A.D.2d 500 (1988)

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.

September 27, 1988

Determination unanimously annulled on the law and petition granted.

Memorandum:

This is an original CPLR article 78 proceeding commenced by petitioner, a Canadian citizen, to challenge respondent's denial of his application for a license as an owner, trainer and driver of harness race horses.

In 1982, respondent New York State Racing and Wagering Board (Board) revoked petitioner's license as a harness racing driver and that revocation was upheld by...

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