(Download) "Matter Allan Cantor v. New York State Racing And Wagering Board" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter Allan Cantor v. New York State Racing And Wagering Board
- Author : Supreme Court of New York
- Release Date : January 13, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Determination of the New York State Racing and Wagering Board dated December 31, 1978, denying petitioners application for a 1978 license as an owner-trainer of harness horses, unanimously confirmed, without costs and without disbursements. While we find substantial evidence to support respondents findings, in view of petitioners extensive co-operation with law enforcement authorities, this confirmance is without prejudice to any future application by the petitioner. Petitioner should be given an opportunity for reconsideration. The recommendations of the prosecutor should not be taken lightly by the licensing authority. Both are law enforcement agents, having common public policy and interests to protect, and should not assume conflicting postures. (Matter of Chaipis v State Liq. Auth., 44 N.Y.2d 57; People v Dolkart, 60 A.D.2d 238.) Although the weight to be given evidence of rehabilitation is the responsibility of the licensing authority (see Schultz v Waterfront Comm. of N. Y. Harbor, 35 A.D.2d 373, 374-375), public policy suggests that the discretion vested in an administrative agency to grant a license be consonant with the policy of the State to assist in rehabilitation, and to avoid discrimination in employment against rehabilitated persons. (Cf. Matter of Basselini v Waterfront [73 A.D.2d 544 Page 545]