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MATTER OF PLETCHER v. NEW YORK STATE RACING AND WAGERING BOARD

35 A.D.3d 920 (2006)

826 N.Y.S.2d 468

In the Matter of TODD PLETCHER, Petitioner, v. NEW YORK STATE RACING AND WAGERING BOARD, Respondent.

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

Decided December 7, 2006.

Cardona, P.J.

Tales of Glory, a thoroughbred racehorse trained by petitioner, won the third race at Saratoga Racetrack on August 14, 2004. Post-race blood and urine samples taken from the horse tested positive for mepivicaine, a substance that respondent's regulations at that time prohibited from being "administered by any means within one week of the start of a racing program" (9 NYCRR 4043.2 former [f]).1 Following a steward's hearing...

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