Fay v. Regan

OPINION OF THE COURT

Kane, J. P.

The facts of this case are not disputed. Petitioners Oscar Awe and John Fay have been harness racing judges in the State of New York since 1954 and 1956, respectively. Both petitioners submitted applications to the State Harness Racing Commission (commission) to become racing judges. *193Petitioner Fay was interviewed by the commissioner and petitioner Awe was interviewed by the deputy commissioner. Following their interviews, each petitioner was sent a letter of appointment by the commissioner and was directed to report to a specific racetrack at a certain date and…