Legal Opinion

Matter of Pena v. New York State Gaming Commission

Appellate Division of the Supreme Court of the State of New York

Decided November 3, 2016No. 522395PublishedCited by 2 opinions

1Opinion of the Court

*1245Devine, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Schenectady County) to review a determination of respondent which, among other things, revoked petitioner’s licenses to participate in pari-mutuel harness racing for a period of three years.

Petitioner, as a licensed trainer of harness racehorses, is prohibited from allowing any horse in his “custody, care or control to be started” in a race if certain substances are administered to the horse within a specified period prior to the race (9 NYCRR 4120.4 [a]; see 9 NYCRR 4120.2).…

2Cases cited11 opinions

  1. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  2. Matter of Gerald HH. v. CarrionAppellate Division of the Supreme Court of the State of New York · 2015
  3. The Matter of Anthony Bottom v. Anthony AnnucciNew York Court of Appeals · 2015
  4. Brown v. MurphyAppellate Division of the Supreme Court of the State of New York · 1973
  5. Laterza v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 2009

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Matter of Rice v. New York State Gaming CommissionAppellate Division of the Supreme Court of the State of New York · 2023
  2. Matter of Pena v. New York State Gaming Commn.New York Court of Appeals · 2018

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