MATTER OF DeBONIS v. CORBISIERO


169 A.D.2d 390 (1991)

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

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

January 3, 1991


Upon review of the record, we find that there is substantial evidence to support respondent's determination that the horse "Believe the King" raced with the drug benzocaine in its system in violation of 9 NYCRR 4043.2 (e) and that, as the horse's trainer, petitioner was responsible under the "trainer responsibility rule" (9 NYCRR 4043.4). The Hearing Officer evaluated the credibility of the witnesses and credited the testimony of the inspector concerning the circumstances...

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