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MATTER OF MONGEON v. HOBLOCK, JR.

303 A.D.2d 160 (2003)

756 N.Y.S.2d 42

In the Matter of JOHN MONGEON, Appellant, v. MICHAEL J. HOBLOCK, JR., et al., Respondents.

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

Decided March 4, 2003.

Respondent's determination was based on the horse's driver's failure to pull the horse back to proper gait after the horse stopped trotting and galloped the last 300 feet of the race, in violation of 9 NYCRR 4117.10 (a). Petitioner admits that its horse violated 9 NYCRR 4117.10 (a), but argues that under 9 NYCRR 4117.12 (a), the penalty of setting back the horse's finishing position could not be imposed without a finding that the violation affected a competing horse or gave...

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