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  5. 74 N.Y.2d 688 (1989)
 

MATTER OF MOSHER v. NEW YORK STATE RACING & WAGERING BD.

74 N.Y.2d 688 (1989)

In the Matter of Gary Mosher, Respondent, v. New York State Racing and Wagering Board, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1989.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Abigail I. Petersen and O. Peter Sherwood of counsel), for appellant.

Richard Schaeffer and Peter J. Venaglia for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, respondent's determination reinstated and the petition dismissed.

Petitioner was the trainer of Ryan's Choice, a standardbred horse that competed in the third race at Monticello Raceway on the evening of December 22, 1984. A postrace urinalysis performed upon the horse revealed the presence of the drug prednisolone, the administration...

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