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BROWN v. NYS RACING BD.

60 A.D.3d 107 (2009)

871 N.Y.S.2d 623

In the Matter of CHRIS BROWN, Respondent, v. NEW YORK STATE RACING AND WAGERING BOARD et al., Appellants.

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

January 13, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Michael S. Belohlavek and Laura R. Johnson of counsel), for appellants.

Michael Aronow, Sands Point, for respondent.

Barbara J. Ahern, Troy, for New York State Veterinary Medical Society, amicus curiae.

RIVERA, J.P., COVELLO and ANGIOLILLO, JJ., concur.

OPINION OF THE COURT

DILLON, J.

This appeal raises a simple question that lends itself to a less than simple answer. We are asked to determine whether individuals must be licensed veterinarians to lawfully provide certain dental services to horses. Apparently, no New York appellate court has ever addressed this issue. We hold, based upon our interpretation of Education Law article 135, that the practice of routine...

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