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IN THE MATTER OF MOSHER v. NEW YORK STATE RACING AND WAGERING BOARD

9 A.D.3d 570 (2004)

779 N.Y.S.2d 281

In the Matter of MARC MOSHER, 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, Third Department.

July 1, 2004.

CREW III, J.

Petitioner, a harness racing driver, commenced this CPLR article 78 proceeding challenging respondent's imposition of a 30-day suspension of his license for driving with indifference or lack of effort in violation of 9 NYCRR 4117.4 (p). The charges stem from a race at Monticello Raceway in Sullivan County on March 25, 2001 while petitioner was driving the horse Royal Machine.

The record reveals that prior...

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