Opinion
7700.
January 26, 2006.
Determination of respondent State Racing and Wagering Board, dated September 24, 2004, finding that petitioner veterinarian violated 9 NYCRR 4043.3 (d) and 4012.4 (c), and imposing a 180-day suspension and a $1,000 fine, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Jane S. Solomon, J.], entered February 25, 2005) dismissed, without costs.
Marvin Newberg, Monticello, for petitioner.
Eliot Spitzer, Attorney General, New York (Jean Lin of counsel), for respondents.
Before: Mazzarelli, J.P., Saxe, Nardelli, Sweeny and McGuire, JJ., concur.
Substantial evidence, including, in particular, the eyewitness testimony of respondent's investigator, supports the findings that petitioner attempted to administer a prohibited "milkshake" on the day of a race and did so without making reasonable inquiry whether the horse was scheduled to race that day. No basis exists to disturb the hearing officer's findings of credibility ( see e.g. Matter of Sachs v. New York State Racing Wagering Bd., Div. of Harness Racing, 1 AD3d 768, 772, lv denied 2 NY3d 706). The penalty imposed does not shock our sense of fairness ( cf. Matter of Beckwith v. New York State Racing Wagering Bd., 219 AD2d 516).