Freed v. New York State Racing & Wagering Board

Appeal from a judgment of the Supreme Court (Keegan, J.), entered April 9, 2003 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition due to petitioner’s failure to join a necessary party.

In July 2001, “Aerobee,” a thoroughbred race horse owned by petitioner, finished second in a particular race at the Finger Lakes Racetrack in the Town of Farmington, Ontario County, and received $6,000 in winnings. Carmen Iorio’s thoroughbred, “We’ll See Ya,” won that same race and received $18,000 in winnings. We’ll See Ya thereafter tested positive for mepivicaine, a…