New York Court of Appeals

In the Matter of Joseph K. Bonacorsa v. John Van Lindt, as Chairman of the New York State Racing and Wagering Board

May 3, 198871 N.Y.2d 605

Summary

The Court affirmed the Appellate Division, holding that a certificate of good conduct creates a presumption of rehabilitation that applies even when the direct‑relationship exception of Correction Law § 752[1] is satisfied, but the agency retains discretion to deny the license after weighing the eight factors of § 753(1). The Board’s denial was not arbitrary or capricious.