Miller v. Lomenzo

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the New York State Harness Racing Commission, which sustained the action of the Presiding Judge and Associate Judges at Roosevelt Raceway in changing the finish position of the standard-bred horse, Modern Yankee, from second to third place. Modern Yankee, a filly driven by Delvin Miller, participated in the “ Proximity Trot ”, a nonbetting trotting race, at…