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

506761

68 A.D.3d 1580 (2009)

2009 NY Slip Op 10012

891 N.Y.S.2d 721

In the Matter of JULES S. CZERMANN JR. et al., Petitioners, v. NEW YORK STATE RACING and WAGERING BOARD, Respondent. (Proceeding No. 1.) In the Matter of TIMOTHY CASE, Petitioner, v. NEW YORK STATE RACING AND WAGERING BOARD, Respondent. (Proceeding No. 2.) In the Matter of ROBERT SUMNER, Petitioner, v. NEW YORK STATE RACING AND WAGERING BOARD, Respondent. (Proceeding No. 3.)

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

Decided December 31, 2009.

ROSE, J.

Random blood samples from horses trained by petitioners showed levels of total carbon dioxide (hereinafter TCO2) in excess of those allowed by the pertinent New York regulation (see 9 NYCRR 4120.13 [a]).1 Following hearings on the resulting charges, respondent found that each petitioner had violated the regulation and that petitioner Keith J. Kash Jr. had also tampered with the...

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