CASSE v. RACING & WAGERING BD


70 N.Y.2d 589 (1987)

In the Matter of Mark E. Casse, Appellant, v. New York State Racing and Wagering Board, Respondent.

Court of Appeals of the State of New York.

Decided December 17, 1987.


Attorney(s) appearing for the Case

Herman E. Cooper for appellant.

Robert Abrams, Attorney-General (Jane Breslin Jacobs and O. Peter Sherwood of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.


HANCOCK, JR., J.

The "trainer responsibility rule" (9 NYCRR 4043.4) makes the trainer of a thoroughbred race horse liable for the impermissible presence of a restricted substance in the horse's system unless the trainer can show by substantial evidence that he was, in fact, neither personally nor vicariously responsible. The question presented on this appeal is whether...

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