Joseph K. Bonacorsa had been involved in the harness racing industry for a number of years; he was licensed by the New York State Racing and Wagering Board as both a harness owner and a driver. He had been convicted of perjury for lying under oath that he and his wife owned several horses.

These horses were in fact owned by Gerald Forrest, who had previously been found guilty of conspiring to fix races at harness tracks and was therefore legally barred from owning licensed race horses. When Bonacorsa was convicted of perjury, the New York State Racing and Wagering Board revoked his harness owner and driver license. Bonacorsa served two years in prison and was on probation for a number of years. When his probation period ended, he was issued a certificate of good conduct by the N.Y. Board of Parole. Upon receiving the certificate, Bonacorsa applied to the State Racing and Wagering Board to reinstate his harness owner and driver license. The Racing and Wagering Board refused to reinstate his license because his prior conviction was conduct that “impugned the integrity of racing within the state.” Bonacorsa decided to pursue a legal challenge to the board’s refusal to grant him a license.

Under what legal provisions can he sue to challenge the refusal to grant him a license? What is his likelihood of success? Explain. See Bonacorsa v.

Lindt [129 A.D.2d 518, 514 N.Y.S.2d 370 (N.Y. A.

D. 1987)].