Legal Opinion
Dutrow v. New York State Racing & Wagering Board
Appellate Division of the Supreme Court of the State of New York
Decided July 19, 2012Published
1Opinion of the Court
Mercure, J.P.
Respondent prohibits licensed horse trainers, such as *1035petitioner, from possessing hypodermic needles at race tracks (see 9 NYCRR 4012.1 [a]) and, during a November 2010 search, investigators found three syringes in petitioner’s desk at the Aqueduct Racetrack. Although the administration of the drug butorphanol to horses within 96 hours of racing is also prohibited (see 9 NYCRR 4043.2 [g]), Fastus Cactus, a horse that was trained by petitioner, tested positive for the drug after racing at Aqueduct. Petitioner was found, by the state racing steward, to have violated both rules and…
2Cases cited13 opinions
- Warder v. Board of RegentsNew York Court of Appeals · 1981
- Westfield Family Physicians, Pc v. Healthnow Ny, Inc.New York Court of Appeals · 2009
- 1616 Second Avenue Restaurant, Inc. v. New York State Liquor AuthorityNew York Court of Appeals · 1990
- Beer Garden, Inc. v. New York State Liquor AuthorityNew York Court of Appeals · 1992
- McCollum v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
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