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PARKER v. CORBISIERO

188 A.D.2d 269 (1992)

William Parker, 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.

December 1, 1992

While the record discloses divergent views of what took place during the race in question, respondent's determination that petitioner drove with lack of effort in violation of 9 NYCRR 4117.4 (p) is supported by substantial evidence and "must be sustained irrespective of whether a similar quantum of evidence is available to support another conclusion" (Matter of Warner v New York State Racing & Wagering Bd.,

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