Opinion

Gleason v. New York State Racing & Wagering Board

  • 98 A.D.2d 964
  • 470 N.Y.S.2d 185
  • 1983 N.Y. App. Div. LEXIS 21290
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 16, 1983
Status
Published
Cited by
4 cases
Authority
More cited than 76.9%

The opinion

— Determination unanimously confirmed and petition dismissed, without costs. Memorandum: This CPLR article 78 proceeding was commenced to annul an order of the respondent New York State Racing and Wagering Board revoking petitioner’s license to participate in harness racing. Respondent revoked petitioner’s license based on findings that he violated Pari-Mutuel Revenue Law (L 1940, ch 254, as amd) and board rules by engaging in “race-fixing” on January 5,1982 at Buffalo Raceway. The sole issue before us concerns whether respondent’s failure to furnish petitioner, with copies of prior statements made by four witnesses who testified concerning petitioner’s race-fixing activities at the administrative hearings requires annulment of respondent’s order. We agree that petitioner should have been given copies of the statements (Matter of Fenimore Circle Corp. v State Liq. Auth., 27 NY2d 716 ; People v Rosario, 9 NY2d 286 ; Garabedian v New York State Liq. Auth., 33 AD2d 980,981 , mot for lv to app den 26 NY2d 614 ) but find the error harmless (see Matter of Fenimore Circle Corp. v State Liq. Auth., supra) in view of the overwhelming evidence. Even if we disregard the testimony of the four witnesses who detailed petitioner’s participation in the trifecta wagering and “race-fixing” scheme, substantial evidence supports revocation of petitioner’s license. Petitioner’s wrongdoing was established by: film of the race from three different cameras depicting his misconduct; documents showing the placement of the horses; testimony of a computer expert *965 who described when and where the trifecta wagers were placed and the unusually low payoff; and the observations of the racing judge that petitioner held back on his horse and interfered with another horse during the race. (Article 78 proceeding transferred by order of Supreme Court, Erie County, McGowan, J.) Present — Hancock, Jr., J. P., Doerr, Green, O’Donnell and Moule, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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