Matter of Tappis v. New York State Racing & Wagering Bd., Harness Racing Div.

Memorandum. We reverse the judgment of the Appellate Division, reinstate the determination of the New York State Racing and Wagering Board (Board) and hold that the statutory scheme for imposing sanctions by the Board, adopted pursuant to section 37 of chapter 254 of the Laws of 1940, as amended, does not offend any constitutional right. The record reveals substantial evidence to sustain the determination that petitioner violated an established Board rule (9 NYCRR 4104.10 [formerly 19 NYCRR 84.10]) in that he, the owner of a competing horse programmed to race the same day, was found…