Giovanelli v. New York State Racing & Wagering Board

— Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent which suspended petitioner’s harness racing license in New York for 30 days.

*852Petitioner, a harness racing driver, challenges respondent’s imposition of a 30-day suspension for his alleged violation of 9 NYCRR 4117.4 (p), which provides that a driver shall not drive with indifference or lack of effort. The charge arose when, on January 1, 1991 while petitioner was driving Pacers Dream, the presiding judge officiating at the race…