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


186 A.D.2d 851 (1992)

In the Matter of Anthony Giovanelli, 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, Third Department.

October 1, 1992


Petitioner, a harness racing driver, challenges respondent's imposition of a 30-day suspension for his alleged violation of 9 NYCRR 4117.4 (p), which provides that a driver shall not drive with indifference or lack of effort. The charge arose when, on January 1, 1991 while petitioner was driving Pacers Dream, the presiding judge officiating at the race believed that petitioner did not drive the horse in his usual aggressive style...

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