NY judge keeps out-of-competition testing on hold

On Tuesday, Jan. 12, in New York State Supreme Court in Lower Manhattan (New York City), Justice Eileen Rakower made two findings in the case of Mark Ford et al. v. The New York State Racing and Wagering Board.  Justice Rakower, who last week signed a Temporary Restraining Order (“TRO”) barring the Racing and Wagering Board from using its new “out of competition” testing rules, extended the TRO until the Petition is determined--that is, until another judge decides the merits of the case.

 

At the same time, Justice Rakower also held that the case should be transferred to Schenectady, where the Racing and Wagering Board has its main office.

 

Andrew Turro of Meyer, Suozzi, English and Klein, attorney for the petitioners, stated after Tuesday's court appearance that the petitioners would “consider an appeal” with respect to Justice Rakower’s holding to transfer the case to Schenectady.

 

New York's new out-of-competition testing rule, which gave Racing and Wagering Board the ability to randomly test any horse that is “anticipated” to race in New York within 180 days, including horses within a 100-mile radius of a NewYork track (even if in another state or country), was viewed to be “overly broad” by Justice Rakower.  But absent a successful appeal, that question will now be decided by a NewYork State judge in Schenectady.--By Steve Kallas for harnessracing.com