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DARE v. STATE

159 N.J. Super. 533 (1978)

388 A.2d 984

RICHARD S. DARE, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, ON BEHALF OF THE DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF NEW JERSEY RACING COMMISSION; THOMAS F. CONNERY, CHAIRMAN OF NEW JERSEY RACING COMMISSION; W. STEELMAN MATHIS, W. DANIEL WILLIAMS AND THOMAS J. SWALES, JR., MEMBERS OF NEW JERSEY RACING COMMISSION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1978.

Attorney(s) appearing for the Case

Mr. Michael J. Piarulli, attorney for appellant.

Mr. John J. Degnan, Attorney General of New Jersey, attorney for respondents (Mr. William F. Hyland, former Attorney General; Mr. James F. Mulvihill, Deputy Attorney General, of counsel; Mr. Alan Dexter Bowman, Deputy Attorney General, of counsel and on the brief).

Messrs. Judge, Dowd & Geddis, attorneys for amicus curiae New Jersey Division, Horsemen's Benevolent and Protective Association (Mr. Dennis O. Dowd on the brief).

Before Judges MATTHEWS, CRANE and ANTELL.

PER CURIAM.

This is an appeal from a determination of the New Jersey Racing Commission suspending appellant's license as a horse trainer for a period of ten days.

Appellant does not dispute the facts which were found by the Executive Director of the Racing Commission who acted as a hearing officer. He found, pursuant to a stipulation, that after a race the horse Mighty Marval was found by urinalysis to have been administered a drug known as phenylbutazone...

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