Legal Opinion
Warner v. New York State Racing & Wagering Board
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 1987PublishedCited by 2 opinions
1Opinion of the Court
Determination unanimously confirmed and petition dismissed, without costs. Memorandum: Although we find substantial evidence to support respondent’s determination, our decision is without prejudice to any future application by petitioner. On a previous appeal we found substantial evidence to support a determination that petitioner acquiesced in a race-fixing scheme by intentionally driving his horse, White Spirit, in such a manner as to prevent it from finishing first, second or third. Although this *957was serious misconduct which violates a Board rule (9 NYCRR 4117.4 [n]) and justifies the…
2Cases cited3 opinions
- Cantor v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 1979
- Gleason v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 1983
- Swift v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by2 opinions
- Kramer v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 1989
- Warner v. New York State Racing & Wagering Board, Division of Harness RacingAppellate Division of the Supreme Court of the State of New York · 1988