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MATTER OF HALE v. HOBLOCK, JR.

278 A.D.2d 31 (2000)

717 N.Y.S.2d 158

In the Matter of LONNY HALE, 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 any of the Hearing Officer's credibility determinations. The findings that the syringes with attached needles discovered in petitioner's tack trunk and in a box of soap pads...

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