Opinion
March 23, 2000
Determination of respondent State Racing and Wagering Board, dated November 18, 1998, which found that petitioner violated 9 N.Y.CRR § 4012.4(a) and suspended his Board licenses for 60 days, 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 [Karla Moskowitz, J.], entered on or about January 29, 1999), dismissed, without costs.
Kim P. Bonstrom, for petitioner.
Carolyn Cairns Olson, for respondent.
SULLIVAN, P.J., TOM, MAZZARELLI, WALLACH, BUCKLEY, JJ.
The Hearing Officer held respondent agency to the correct burden of persuasion, and the challenged determination is supported by substantial evidence (see, Matter of Rivera v. New York State Racing Wagering Bd., 201 A.D.2d 922). The penalty is not shocking to our sense of fairness (see, Matter of Beckwith v. New York State Racing Wagering Bd., 219 A.D.2d 516). We have considered petitioner's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.