Eldred v. Monaghan

The petitioner seeks an order pursuant to the provisions of article 78 of the Civil Practice Act annulling the determination of the respondent in refusing to issue a license to the petitioner to participate in harness horse racing meets during the year 1957 or in the alternative directing that these proceedings be transferred to the Appellate Division of the Supreme Court, Fourth Department.

The determination of the Commissioner of Harness Racing, in respect to the petitioner’s application was made after a hearing, upon the basis of proof taken at such hearing. It would, therefore, seem that…