MATTER OF ALLEN v. BILINSKI


237 A.D.2d 231 (1997)

654 N.Y.S.2d 777

In the Matter of Raymond Allen, Petitioner, v. Jerry Bilinski, Sued as Jerry Bolinsky, Respondent

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

March 27, 1997


Petitioner failed to rebut the presumption of trainer responsibility that arises under 9 NYCRR 4120.4 when one of the horses under his care and custody tested positive for the presence of restricted drugs (9 NYCRR 4120.2) directly following its participation in a race. Although petitioner claimed that a veterinarian administered the drugs without petitioner's knowledge or consent at the behest of the horse's owner, petitioner admitted that he regularly used the veterinarian...

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