Pinsley v. New York State Racing & Wagering Board

This is an article 78 proceeding which seeks an order requiring the New York State Racing and Wagering Board (hereinafter the board) to act on an appeal filed by the petitioner.

The petitioner is the owner of a pacing gelding which finished second in a race at the Saratoga Harness Race Track on April 15, 1977. It is admitted by the respondent that during the race at least two infractions of the rules of racing occurred. Regardless of those violations, and without questioning the driver of the winning horse, against whom a protest had been lodged, the judges declared the order of finish…