MATTER OF SCIACCA v. HOBLOCK, JR.


44 A.D.3d 425 (2007)

843 N.Y.S.2d 585

In the Matter of GARY SCIACCA, Petitioner, v. MICHAEL J. HOBLOCK, JR., as Chairman 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 October 11, 2007.


Respondent's determination that petitioner violated the "trainer responsibility rule" (9 NYCRR 4043.4) when his employees attempted to administer a mixture of bicarbonate of soda and sugar to a horse that he trained, with the intent of affecting the horse's performance in a race that day, was supported by substantial evidence (see CPLR 7803 [4]), including testimony that he "fully controlled" the actions of those employees. In light of the State's interest under 9...

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