MATTER OF FUSCO v. NEW YORK STATE RACING AND WAGERING BOARD

512234.

88 A.D.3d 1240 (2011)

931 N.Y.S.2d 439

2011 NY Slip Op 7561

In the Matter of CARMINE FUSCO, Petitioner, v. NEW YORK STATE RACING AND WAGERING BOARD, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 27, 2011.


LAHTINEN, J.

Petitioner was the trainer of the horse Chevie Pride, and a post-race test of the horse following its win at Yonkers Raceway in December 2006 was positive for the drug Clenbuterol, which is not to be administered within 96 hours of a race. The presiding track judge assessed a fine of $2,500 and suspended petitioner's license to participate in pari-mutuel harness racing for 18 months in October 2007. He pursued...

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