Crawford v. New York State Racing & Wagering Board

Casey, J. P.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Saratoga County) to review a determination of respondent which suspended petitioner’s harness driver’s license.

In this CPLR article 78 proceeding, petitioner, a harness racing driver at Saratoga Raceway in Saratoga County, challenges respondent’s imposition of an eight-day suspension for *851his alleged violation of 9 NYCRR 4117.4, which pertinently provides:

"The following shall be deemed racing infractions: * * *

"(g) Needlessly permitting a horse to pass inside.”

On January 17,…