IN RE: John McGUIRE (2006)

Determination of respondent State Racing and Wagering Board, dated September 24, 2004, finding that petitioner veterinarian violated 9 NYCRR 4043.3(d) and 9 NYCRR 4012.4(c), and imposing a 180-day suspension and a $1000 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.

 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. Sachs v. New York State Racing & Wagering Bd., 1 A.D.3d 768, 772, 767 N.Y.S.2d 144 [2003], lv. denied 2 N.Y.3d 706, 780 N.Y.S.2d 312, 812 N.E.2d 1262 [2004] ).   The penalty imposed does not shock our sense of fairness (cf. Matter of Beckwith v. New York State Racing & Wagering Bd., 219 A.D.2d 516, 631 N.Y.S.2d 658 [1995] ).