NEW JERSEY RACING COM'N v. ELLIOT


290 N.J. Super. 140 (1996)

675 A.2d 243

NEW JERSEY RACING COMMISSION, PETITIONER-RESPONDENT, v. STEVE ELLIOT, JEFFREY LAPOFF, ROSEMARY SMUTZ AND ROBERT BONGIORNO, RESPONDENTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 3, 1996.


Attorney(s) appearing for the Case

Louis H. Miron, attorney for appellants.

Deborah T. Poritz, Attorney General, attorney for respondent (Joseph L. Yannotti, Assistant Attorney General, of counsel; Shirley Allen, Deputy Attorney General, on the brief).

Before Judges DREIER, KESTIN and CUFF.


The opinion of the court was delivered by KESTIN, J.A.D.

Four trainers licensed by the New Jersey Racing Commission appeal from a decision of the Commission imposing fines and suspending their licenses and privileges for extended periods ranging from thirty months to sixty-six months. We affirm.

The orders were based upon findings that horses under the care of each trainer had tested positive for the drug "fenspiride", thereby establishing violations of

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