Wetzel v. New York State Racing & Wagering Board

— Determination unanimously annulled and petition granted, with costs. Memorandum: In this CPLR article 78 proceeding, petitioner contends that the determination of the New York State Racing and Wagering Board suspending his license as a harness racing trainer is not supported by substantial evidence. The Board held petitioner responsible under 9 NYCRR 4120.4 after postrace tests revealed the presence of a restricted drug in the system of one of his horses. Proof at the suspension hearing demonstrates that petitioner frequently administered a particular brand of cough syrup to one of his…