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MATTER OF LEGGIO v. HOGAN

59 A.D.3d 967 (2009)

872 N.Y.S.2d 321

In the Matter of JOHN LEGGIO, Petitioner, v. DANIEL D. HOGAN, as Chairman of New York State Racing & Wagering Board, et al., Respondents.

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

Decided February 6, 2009.

It is hereby ordered that the determination is unanimously confirmed without costs and the amended petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that he violated 9 NYCRR 4120.13 (a) by permitting one of his horses to race with a total carbon dioxide level (TCO2) in excess of 37 millimoles per liter, according to TCO2 blood sample testing. Contrary...

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