Horse Racing
Shuman v. New York State Racing and Wagering Board, 40 A.D.3d
385, 835 N.Y.S.2d 569, 2007 N.Y. Slip Op. 04218 (1 Dept.
2007)
After an evidentiary hearing, the Defendant found that the Petitioner
has violated the Board’s drug and medication rules and imposed a
20 day suspension of his thoroughbred trainer’s license. The
determination was confirmed, the petition denied and the proceeding
transferred to the Supreme Court, Appellate Division by order of the
Supreme Court, New York County.
The Court noted that its review of an administrative determination is
limited to consideration of whether or not that determination is
supported by substantial evidence and whether substantial evidence
exists to support the agency’s findings. The evidence
including veterinarian treatment and expert testimony were
sufficient. Petitioner’s lack of credibility and
inconsistencies noted by the ALJ were relevant. The Court found
that the evidence at the hearing met the very minimal evidentiary
requirement needed to uphold Respondent’s determination.
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