EQUINE ASSN. v. RACING BD.


105 A.D.2d 215 (1984)

Equine Practitioners Association, Inc., Respondent, v. New York State Racing and Wagering Board, Appellant

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

December 20, 1984


Attorney(s) appearing for the Case

Arnold D. Fleischer of counsel (Melvyn R. Leventhal and Howard L. Zwickel with him on the brief; Robert Abrams, Attorney-General, attorney), for appellant.

Beth J. Goldmacher of counsel (Joseph A. Faraldo attorney), for respondent.

Herman E. Cooper, P. C. (Thomas E. Hommel of counsel), for The Horsemen's Benevolent and Protective Association, amicus curiae.

MURPHY, P. J., SANDLER, MILONAS and ALEXANDER, JJ., concur.


ASCH, J.

This action seeks to declare invalid rules adopted by the defendant New York State Racing and Wagering Board, effective July 1, 1982, which regulate the administration of drugs to racehorses prior to their participation in pari-mutuel races.

The challenged rules are codified at 9 NYCRR parts 4012 and 4043 (as to thoroughbreds) and part 4120 (as to standardbreds). Certain provisions in the rules...

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