Equine Practitioners Ass'n, Inc. v. New York State Racing & Wagering Bd.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, without costs, in accordance with the memorandum herein, and, as so modified, affirmed.

We reject plaintiffs challenge to the rules promulgated by defendant which govern the substances which may be administered to a horse within various time periods preceding a race. We agree with the Appellate Division, for the reasons stated in the opinion of Justice Sidney Asch (105 AD2d 215), that these rules are rationally related to, and authorized by, the statutory provisions they implement, and thus we affirm the…