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MATTER OF LATERZA v. NEW YORK STATE RACING & WAGERING BOARD

68 A.D.3d 1509 (2009)

2009 NY Slip Op 9585

892 N.Y.S.2d 253

In the Matter of DENNIS J. LATERZA, Petitioner, v. NEW YORK STATE RACING & WAGERING BOARD, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 24, 2009.

Spain, J.

Petitioner, licensed by respondent to own and train race horses since 1973, was the trainer of record for a horse named "Lemon Pepper," which competed in the ninth race at Yonkers Raceway on April 27, 2007, finishing in third place. Acting on a tip from a police informant, respondent's director of investigations requested the presiding judge at Yonkers Raceway to order that post-race double blood and urine samples be taken from Lemon Pepper and tested for...

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