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MATTER OF RICCO v. CORBISIERO

165 A.D.2d 3 (1991)

In the Matter of Joseph Ricco, Jr., Petitioner, v. Richard Corbisiero, Jr., as Chairman of The New York State Racing and Wagering Board, Division of Harness Racing, et al., Respondents

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

February 5, 1991

Attorney(s) appearing for the Case

Joseph A. Faraldo for petitioner.

Lisa B. Raphael of counsel (Robert Abrams, Attorney-General, attorney), for respondents.

MURPHY, P. J., SULLIVAN, WALLACH and RUBIN, JJ., concur.

KUPFERMAN, J.

The petitioner is a veteran harness "catch driver" with nearly 1,000 racing winners to his credit. As a "catch driver", he makes his living primarily driving horses owned and trained by other people. He was suspended for 15 days for failing to drive his horse to the finish in the fourth race at Yonkers Raceway on February 9, 1989. The horse, a trotter known as "Major Wager", finished third, in close...

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