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CRAMER v. NYRA

136 A.D.2d 104 (1988)

In the Matter of Morris Cramer et al., Respondents, v. New York State Racing Association et al., Appellants

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

March 17, 1988

Attorney(s) appearing for the Case

Cahill Gordon & Reindel (H. Richard Schumacher and Loretta E. Lynch of counsel), and Rice & Justice (Robert Hardwick Bixby of counsel), for New York State Racing Association, appellant.

Kouray & Kouray (Christian X. Kouray of counsel), for Capital District Offtrack Betting Corporation, appellant.

Robert Abrams, Attorney-General (Daniel Smirlock and William J. Kogan of counsel), for New York State Racing and Wagering Board, appellant.

Eugene R. Spada for respondents.

MAHONEY, P. J., KANE, LEVINE and MERCURE, JJ., concur.

WEISS, J.

This proceeding has its genesis in the now infamous second race conducted at the Saratoga Thoroughbred Race Track in Saratoga County on August 2, 1986. "Allumeuse", the perceived winner of the race, was disqualified for a foul and placed last in the official order of finish, following a Stewards1 "inquiry" that was precipitated by a collision during the stretch run (

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