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MATTER OF MILLER v. LOMENZO

43 A.D.2d 997 (1974)

In the Matter of Delvin Miller, Petitioner, v. John P. Lomenzo, as Secretary of State of The State of New York, et al., Respondents

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

February 14, 1974

Modern Yankee, a filly driven by Delvin Miller, participated in the "Proximity Trot", a nonbetting trotting race, at Roosevelt Raceway on September 20, 1971, finishing in second position. Mr. Nuhn, the Presiding Judge, testified that he saw her go off the required trotting gait and into one of racking or pacing at about the sixteenth pole, that she continued through the stretch until 100 feet from the wire when the driver "took...

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