Matter of Pena v. New York State Gaming Commission

McCarthy, J.P.

(dissenting). I agree with the majority that if the dates found on veterinary records1 regarding specified forms of veterinary care represent the dates upon which such *1248treatment was administered, those records, along with other evidence, chronicle 1,717 violations by petitioner of rules prohibiting the administration of specified substances to a horse within specified windows prior to a race. The majority, however, finds that a reasonable mind cannot reach the conclusion that those dates convey when treatment occurred. As a result, the majority annuls the entirety of…