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MATTER OF PENA v. NEW YORK STATE GAMING COMMISSION

522395.

144 A.D.3d 1244 (2016)

2016 NY Slip Op 07251

40 N.Y.S.3d 665

In the Matter of LUIS PENA, Petitioner, v. NEW YORK STATE GAMING COMMISSION, Respondent.

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

Decided November 3, 2016.

Petitioner, as a licensed trainer of harness racehorses, is prohibited from allowing any horse in his "custody, care or control to be started" in a race if certain substances are administered to the horse within a specified period prior to the race (9 NYCRR 4120.4 [a]; see 9 NYCRR 4120.2). All of the numerous random drug tests...

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