MATTER OF DOUGHERTY v. STATE HARNESS RACING COMM'N


286 A.D. 837 (1955)

In the Matter of Edward Dougherty et al., Petitioners, v. State Harness Racing Commission et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 28, 1955.


Determined confirmed.

COHN, J. P. (dissenting).

The determination suspending and expelling Dougherty from the tracks in this State for a period of one year should be annulled. The commission had no jurisdiction to punish Dougherty since he was not a licensee of the commission, and since he was not a participant in the racing meet held on October 20, 1954, at the time of the occurrence of the conduct complained of.

From the express language...

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