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Matter of Beckwith v. New York St. Racing

Appellate Division of the Supreme Court of New York, First Department
Sep 21, 1995
219 A.D.2d 516 (N.Y. App. Div. 1995)

Opinion

September 21, 1995

Appeal from the Supreme Court, New York County [Stanley Parness, J.].


Substantial evidence, including, in particular, petitioner's admission that in order to save money, he would regularly bring his horses to races without a groom and thus leave them unattended at times, and at other times would pay hangers-on at the track to take his horses to the urine stall or the paddock to bathe them, supports respondent's determination that by reason of the presumption found in 9 NYCRR 4043.4, also known as the "trainer's responsibility rule", petitioner was responsible for the administration of dezocine, a potentially dangerous and unapproved drug, the use of which respondent strictly prohibits, to three of his horses within a week prior to the start of their respective races, in violation of 9 NYCRR 4120.2 (e) ( see, Matter of Mosher v New York State Racing Wagering Bd., 74 N.Y.2d 688). The penalty of three consecutive 60-day suspensions does not shock the conscience, and, contrary to petitioner's contention, is not inconsistent with other penalties imposed by respondent for different drug violations.

Concur — Wallach, J.P., Kupferman, Ross, Nardelli and Tom, JJ.


Summaries of

Matter of Beckwith v. New York St. Racing

Appellate Division of the Supreme Court of New York, First Department
Sep 21, 1995
219 A.D.2d 516 (N.Y. App. Div. 1995)
Case details for

Matter of Beckwith v. New York St. Racing

Case Details

Full title:In the Matter of MARK BECKWITH, Petitioner, v. NEW YORK STATE RACING AND…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 21, 1995

Citations

219 A.D.2d 516 (N.Y. App. Div. 1995)
631 N.Y.S.2d 658

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