Legal Opinion
Guarino v. New York State Racing & Wagering Board
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2007PublishedCited by 4 opinions
1Opinion of the CourtKane, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent which revoked petitioner’s license as a trainer of harness racehorses.
Petitioner is a licensed driver and trainer of harness racehorses. After Twin B Brisco, a horse trained by petitioner, won a race at Yonkers Raceway, the horse’s blood and urine tested positive for the metabolites of mepivicaine, a drug which may not be administered within seven days of a race (see 9 NYCRR former 4120.2 [f], now codified at 9 NYCRR 4120.2 [h]).…
2Cases cited6 opinions
- Kelly v. SafirNew York Court of Appeals · 2001
- Casse v. New York State Racing & Wagering BoardNew York Court of Appeals · 1987
- MATTER OF MOSHER v. New York State Racing & Wagering Bd.New York Court of Appeals · 1989
- Zito v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 2002
- Flynn v. HevesiAppellate Division of the Supreme Court of the State of New York · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Timothy Case v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 2009
- Matter of Pletcher v. New York State Gaming CommissionAppellate Division of the Supreme Court of the State of New York · 2026
- Simon v. TaylorCourt of Appeals for the Tenth Circuit · 2019
- Simon v. TaylorCourt of Appeals for the Tenth Circuit · 2019