Legal Opinion
Timothy Case v. New York State Racing & Wagering Board
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 2009PublishedCited by 10 opinions
1Opinion of the CourtLahtinen, 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 to participate in pari-mutuel racing.
A random blood test in May 2006 on a horse trained by petitioner tested positive for a level of total carbon dioxide (hereinafter TC02) that exceeded the level allowed by the pertinent regulation (see 9 NYCRR former 4120.16, now codified at 9 NYCRR 4120.13). Two charges were brought against petitioner; first, that his horse had a TC02 level that violated the…
2Cases cited4 opinions
- 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
- Guarino v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 2007
- Pedersen v. RacingAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by10 opinions
- Laterza v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 2009
- Czermann v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 2009
- Beckwith v. SabiniAppellate Division of the Supreme Court of the State of New York · 2013
- Beckwith v. SabiniAppellate Division of the Supreme Court of the State of New York · 2013
- Dutrow v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 2012
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