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IN THE MATTER OF BROWN v. NEW YORK STATE RACING & WAGERING BD.

2007-07303.

2009 NY Slip Op 00204

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 New York, Second Department.

Decided January 13, 2009.

Attorney(s) appearing for the Case

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

Michael Aronow, Sands Point, N.Y., for respondent.

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

Before: REINALDO E. RIVERA, J.P., MARK C. DILLON, JOSEPH COVELLO, DANIEL D. ANGIOLILLO, JJ.

OPINION & ORDER

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 equine dentistry, as performed by the petitioner...

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