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IN THE MATTER OF FREED v. NEW YORK STATE RACING AND WAGERING BD.

9 A.D.3d 808 (2004)

780 N.Y.S.2d 673

In the Matter of JANE FREED, Appellant, v. NEW YORK STATE RACING AND WAGERING BOARD et al., Respondents.

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

July 29, 2004.

CREW III, J.

In July 2001, "Aerobee," a thoroughbred race horse owned by petitioner, finished second in a particular race at the Finger Lakes Racetrack in the Town of Farmington, Ontario County, and received $6,000 in winnings. Carmen Iorio's thoroughbred, "We'll See Ya," won that same race and received $18,000 in winnings. We'll See Ya thereafter tested positive for mepivicaine, a prohibited substance (see 9 NYCRR part 4043), and, as a result, the steward...

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