[email protected]
+1 (212) 754 9000

Tesser Ryan Blog

Appellate Division Upholds Agency’s Decision to Revoke Harness Racing License

31 Jan 2012
0

By Lewis Tesser, Partner, and Timothy Nolen, Associate, of Tesser, Ryan & Rochman, LLP

As demonstrated by a recent decision from the New York State Appellate Division, Third Department, litigants face an uphill battle when challenging decisions made by administrative agencies. The Article 78 proceeding involved issues of administrative law, evidence, and civil practice.

In Fusco v. New York State Racing & Wagering Board, 512234 NYLJ 120250715362 (3d Dept, October 27, 2011), a horse trainer whose harness racing license was suspended after his horse tested positive for drugs, challenged the administrative decision, arguing that the penalty was excessive, veterinarian records were inadmissible as hearsay, and there was not substantial evidence to support the finding that the trainer drugged the horse. The Court, noting that hearsay is admissible in such administrative hearings, found that there was substantial evidence of drugging based on the veterinarian records. The Court also upheld the penalty, noting that it was severe but not “shocking to one’s sense of fairness.”

At Tesser, Ryan & Rochman, LLP, our attorneys have years of experience handling cases before numerous administrative agencies and on appeal. Whether the administrative appeal concerns the revocation of a license or an initial denial, our attorneys can advise clients on navigating the often complex administrative appeal process.

, , , , , , , , , , , ,

About Post Author

mm

Lewis Tesser is a senior partner in the New York law firm of Tesser, Ryan & Rochman, LLP, concentrating his practice in litigation and mediation, representing licensed professionals and professional practices, administrative law and commercial law. Lew Tesser is Vice-President of the New York County Lawyers’ Association and Director of its Ethics Institute. Prior to private practice, Mr. Tesser was an Assistant United States Attorney in the Eastern District of New York. In that capacity, he represented various agencies of the United States government in litigation in the United States District Court and United States Court of Appeals. Mr. Tesser also served as a Judge Advocate in the United States Army where he prosecuted and defended criminal cases and was the chief legal advisor to the Commanding General of the U.S. Army War College, Carlisle, Pennsylvania. He also has served as an Arbitrator for the American Arbitration Association, New York City Civil Court, a Judge for the Environmental Control Board of the City of New York and a lecturer for various Bar Associations and New York area law schools. Mr. Tesser, who was admitted to practice in 1971, is a 1970 Honors graduate from the National Law Center, George Washington University, a Masters graduate from the Wharton Business School, University of Pennsylvania (l974) and a graduate of the Harvard Law School Program of Instruction for Lawyers. He is a past President of Congregation Sons of Israel, Nyack, NY. Publications and Speaking Engagements Editor-In-Chief, “The New York Rules of Professional Conduct Annotated”, Oxford University Press, New York, 2010. A complete list of Mr. Tesser’s speaking engagements and publications is available if you would like to learn more about Mr. Tesser’s work. Representative Cases In Re Zhang, 376 Fed. Appx. 104 (2d Cir. 2010) Continental Casualty Co. v. JBS Construct. Mgmt., 2010 U.S. Dist. LEXIS 85467 (S.D.N.Y. 2010)

Leave a Reply

Tesser, Ryan, & Rochman Blog

At Tesser, Ryan, & Rochman we are committed to keeping current, former, and future clients up to date. Here on our blog we will have news regarding our firm, as well as business analysis, various cases, case studies, and legal findings for the benefit of our clients.