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MATTER OF FINK v. COLE

286 A.D. 73 (1955)

In the Matter of Jule Fink, Respondent, v. Ashley T. Cole et al., Constituting The Racing Commission of the State of New York, Appellants

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

May 10, 1955.

Attorney(s) appearing for the Case

Samuel A. Hirshowitz of counsel (Henry S. Manley with him on the brief; Jacob K. Javits, Attorney-General, attorney), for appellants.

Charles H. Tuttle of counsel (Moses Polakoff with him on the brief; Moses Polakoff, attorney), for respondent.

PECK, P. J., and COHN, J., concur with BASTOW, J.; BOTEIN, J., dissents in opinion in which BREITEL, J., concurs.

BASTOW, J.

The State Racing Commission appeals from an order remanding the proceeding to that body for further consideration. On June 10, 1954, the petitioner filed with the commission an application for an owner's racing license for 1954. Eight days later, the application was denied in a brief communication which stated that "[a]t a meeting of the Commission held this date, your application for an owner's license...

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