MATTER OF PATTERSON v. CORBISIERO


169 A.D.2d 677 (1991)

In the Matter of John Patterson, Jr., 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 31, 1991


The determination that petitioner failed to "drive" his horse to the end of the race which took place on July 29, 1987, and thus violated 9 NYCRR 4117.1, is supported by substantial evidence.

At the hearing, the racing judge testified that petitioner stopped "driving" and "checked" his horse, slowing down in the homestretch, all of which was observed by the three racing judges on the videotape of the race. In view of this evidence, we do not find petitioner's explanation...

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