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

236 A.D.2d 329 (1997)

653 N.Y.S.2d 601

Jack Rice, 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, First Department.

February 27, 1997

Substantial evidence, including the testimony of two of the three judges who witnessed petitioner's performance in the race in question, and a videotape of that race, supports respondent's determination that petitioner, in violation of 9 NYCRR 4117.4 (p), drove his horse with a lack of effort. The 30-day suspension of petitioner's racing license does not shock our sense of fairness. We have reviewed petitioner's other arguments...

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