Conditions of early closing events that will eliminate horses nominated or add horses that have not been nominated by reason of the performance of such horses at an earlier meeting held the same season are invalid. Early closing events shall not have more than two also eligible conditions. No condition which has the effect of backing up a horse four or more classes shall be permitted.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4111.28