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  5. 59 N.Y.2d 855 (1983)
 

MATTER OF KAUFMAN v. SARAFAN

59 N.Y.2d 855 (1983)

In the Matter of C. Herbert Kaufman, Appellant, v. Bertram D. Sarafan, as Member of the New York State Racing and Wagering Board, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 9, 1983.

Attorney(s) appearing for the Case

Bruce A. Burns for appellant.

Robert Abrams, Attorney-General (William J. Caplow of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

Petitioner's horse, "Blazin' C", was disqualified as the winner of the fifth race at Aqueduct Racetrack on January 18, 1980 for carrying an incorrect weight. Based on its recent racing history, "Blazin' C" was not entitled to the five-pound weight allowance with which it ran in the subject race. Since the ultimate responsibility for...

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