Drolet v. New York State Racing & Wagering Board

OPINION OF THE COURT

John S. Lockman, J.

Petition for an order pursuant to CPLR article 78 is denied and the cross motion by respondent to dismiss the petition (CPLR 3211, subd [a], par 7) is granted.

Petitioner, Claude Drolet, trains standardbred racehorses which apparently compete as “pacers” and “trotters” at racetracks located within the State of New York. Owners, trainers and other participants in harness racing in this State are subject to licensing by the State Harness Racing Commission which falls under the jurisdiction of the New York State Racing and Wagering Board. (See L 1953, ch…