Ford v. New York State Racing & Wagering Board

Appeal from a judgment of the Supreme Court (Powers, J.), entered August 15, 2011 in Schenectady County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a certain regulation promulgated by respondent.

In 2009, respondent1 adopted regulations that prohibited the use of certain performance enhancing substances in racehorses, and permitted respondent to drug test all racehorses under the care or control of a trainer licensed by respondent that are anticipated to compete in a race at a New York racetrack within six months (see 9 NYCRR 4043.12,…