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MATTER OF FRANK v. SCOTT STEVENS

52 A.D.3d 316 (2008)

860 N.Y.S.2d 56

In the Matter of RAUL FRANK, Appellant, v. RON SCOTT STEVENS, as Chairman of the New York State Athletic Commission, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 12, 2008.

Under the broad, statutory scheme applicable here (see McKinney's Uncons Laws of NY § 8906 [L 1920, ch 912, § 6, as amended]), the Commission retains the power and discretion to reverse a referee's in-fight determination (e.g. 19 NYCRR 211.6, 212.16) where it is deemed to be in boxing's best interest (19 NYCRR 206.3). The Commission's determination was not arbitrary and capricious, an abuse of discretion or contrary to law, so we are obliged to affirm...

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