Kaufman v. Sarafan

I dissent and would annul the order of the respondent New York State Racing and Wagering Board (NYSRWB) sustaining the decision of the Aqueduct Race Track stewards disqualifying the horse “Blazin’ C” as a winner. The conditions for participating in the fifth race of January 18,1980 at Aqueduct Racetrack as set forth in the “condition book” and the official program were as follows: “7th race — The Cooperstown. One mile and Seventy Yards. Purse 23,000.00. For Four-Year Olds and Upward Foaled in New York State and Approved by the New York State-Bred Registry which have never won two races other…