MATTER OF SPANO v. NEW YORK STATE RACING AND WAGERING BOARD

2480, 106547/08.

72 A.D.3d 404 (2010)

899 N.Y.S.2d 19

In the Matter of ALESSANDRO SPANO, Appellant, v. NEW YORK STATE RACING AND WAGERING BOARD, Respondent.

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

Decided April 1, 2010.


The court erred in entertaining petitioner's argument before transferring the proceeding to this Court, since that argument does not constitute "such other objection[] as could terminate the proceeding" (CPLR 7804 [g]; see also CPLR 7804 [f]). We therefore vacate that portion of the order and dispose of all the issues raised in the proceeding (id.).

The search of petitioner's trailer was lawful. Petitioner consented to the search when he accepted the...

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