Poulin v. Corbisiero

Appellate Division of the Supreme Court of New York

Poulin v. Corbisiero

189 A.D.2d 552

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 1993

StatusPublished

This text of 189 A.D.2d 552 (Poulin v. Corbisiero) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Poulin v. Corbisiero, 189 A.D.2d 552 (N.Y. Ct. App. 1993).

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Opinion

Determination of the respondent New York Racing and Wagering Board, Division of Harness Racing, dated February 3, 1992, which suspended petitioner’s harness license for 30 days, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Harold Tompkins, J.], entered May 8, 1992), dismissed, without costs.

The petitioner was charged with violating Rules of the State Racing and Wagering Board (9 NYCRR) § 4117.4 (p) in that, on February 17, 1989, he drove his horse "without effort.” Since substantial evidence exists to support the Board’s determination, it must be sustained irrespective of whether a similar quantum of evidence is available to support another conclusion (Matter of LaChance v Corbisiero, 147 AD2d 80, 87, lv denied 74 NY2d 611). Concur—Murphy, P. J., Milonas, Ross and Rubin, JJ.

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Determination of the respondent New York Racing and Wagering Board, Division of Harness Racing, dated February 3, 1992, which suspended petitioner’s harness license for 30 days, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Harold Tompkins, J.], entered May 8, 1992), dismissed, without costs.

The petitioner was charged with violating Rules of the State Racing and Wagering Board (9 NYCRR) § 4117.4 (p) in that, on February 17, 1989, he drove his horse "without effort.” Since substantial evidence exists to support the Board’s determination, it must be sustained irrespective of whether a similar quantum of evidence is available to support another conclusion (Matter of LaChance v Corbisiero, 147 AD2d 80, 87, lv denied 74 NY2d 611). Concur—Murphy, P. J., Milonas, Ross and Rubin, JJ.

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189 A.D.2d 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poulin-v-corbisiero-nyappdiv-1993.

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