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MTR. OF CROCCO v. BARRY

59 A.D.2d 427 (1977)

In the Matter of Michael Crocco, Petitioner, v. William G. Barry et al., Individually and as Members of The New York State Racing and Wagering Board, Respondents

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

November 29, 1977

Attorney(s) appearing for the Case

Herbert W. Sterenfeld of counsel (Sterenfeld & Sterenfeld, attorneys), for petitioner.

Kevin McKay of counsel (Samuel A. Hirshowitz, J. Trubee Miller and Paul E. Dahlman with him on the brief; Louis J. Lefkowitz, Attorney-General), for respondents.

LUPIANO, J. P., EVANS, CAPOZZOLI and MARKEWICH, JJ., concur.

Per Curiam.

Respondent New York State Racing and Wagering Board authorized the running of a pari-mutuel stake race, called Empire State Trot No. 2, to be held as part of a week-long meeting at the Syracuse Fairgrounds in August, 1976. A similar race had been run in the year preceding. Such races are ordinarily conducted pursuant to 9 NYCRR Part 4100, applicable to harness racing. The ordinary rule (§ 4112.2) requires...

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