MATTER OF ZARETZKY v. HOBLOCK, JR.


278 A.D.2d 30 (2000)

717 N.Y.S.2d 153

In the Matter of SCOTT ZARETZKY, Petitioner, v. MICHAEL J. HOBLOCK, JR., as Chair 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.

Decided December 7, 2000.


Respondent's determination is supported by substantial evidence. The high burden of proof applicable in criminal cases of "possession" is inapplicable here, where the pertinent regulation speaks in broader terms of "have or possess." No basis exists to disturb the Hearing Officer's credibility determinations, rejecting petitioner's claim that the two syringes with attached needles found in a brown paper bag in his tack room must have been left there by a veterinarian or other...

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