Adika v. Corbisiero
| Decision Date | 31 October 1989 |
| Citation | 154 A.D.2d 299,547 N.Y.S.2d 222 |
| Parties | Steven S. ADIKA, Petitioner-Appellant, v. Richard CORBISIERO, etc., et al., Respondents-Respondents. |
| Court | New York Supreme Court — Appellate Division |
A.D. Levine, for petitioner-appellant. M.A. Saren, for respondents-respondents.
Order and judgment (one paper), Supreme Court, New York County (Jerome Hornblass, J.), entered September 8, 1988, which, inter alia, denied petitioner's application to annul the determination of respondent New York State Racing and Wagering Board ("the Board"), unanimously modified, on the law, the facts and in the exercise of discretion, to grant the petition, annul the Board's determination, and remand for a de novo hearing, without costs. In these consolidated CPLR Article 78 proceedings, petitioner seeks to annul and set aside two determinations of the Board which (1) revoked his 1987 jockey agent license, and (2) denied his application for a 1988 license. By order and decision filed September 8, 1988, the IAS court denied the petition to the extent that it challenged the determination as arbitrary and capricious, affected by an error of law, and/or made in violation of lawful procedure, see CPLR § 7803(3), and transferred the proceeding to this Court for disposition on the issue of substantial evidence, as provided in CPLR § 7804(g). Petitioner, Steve Adika, was licensed by the Board as a thoroughbred jockey agent for a number of years through and including 1987. In this capacity, it was petitioner's responsibility to arrange mounts on thoroughbred race horses for jockeys he represented. On March 5 1987, the Board brought administrative charges against petitioner, alleging violations of the Racing Pari-Mutuel Wagering and Breeding Law ("RPMWBL") Section 213(2) and 9 NYCRR §§ 4002.9(a), 4042.1(a), and 4042.1(f). Specifically, petitioner was alleged to have (1) attempted, in October 1986, to bribe an employee of a satellite transmission company to obtain access to coded racing transmissions of the New York Racing Association, Inc. ("NYRA"); (2) unlawfully possessed and used an Oak Orion decoder, prior to October 1986; (3) unlawfully possessed and attempted to use a B-Mac decoder in August 1986; and (4) lied, misrepresented and concealed the fact that he had obtained and possessed an Australian B-Mac decoder when the Board commenced an investigation into his actions. An administrative hearing was conducted on April 10, May 13, and May 24, 1987, and, on January 29, 1988, Hearing Officer David Vaughan issued his Report and Recommendation to the Board, concluding that petitioner had committed the acts charged, and recommending that his license be revoked. On March 2, 1988, the Board issued its Findings and Order in accordance therewith, and revoked petitioner's 1987 license. By petitions filed on March 3, 1988 and July 15, 1988, petitioner respectively challenged the revocation of his 1987 license and the refusal of his application for a 1988 license. The petitions were consolidated by the IAS court, which held that the Board acted reasonably in finding petitioner's conduct fraudulent within the meaning of RPMWBL §...
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