Justice Eileen Rakower will soon decide where the case of Ford, et al v. the New York State Racing and Wagering Board (NYSRWB) will be decided, New York County or Schenectady County The NYSRWB, which has already been restrained by Justice Rakower from enforcing its new “out of competition” testing rules, wants the case moved to Schenectady where its main office is located. But on Friday, Jan. 29, lawyers for the Standardbred Owner’s Association (SOA) of New York and the other petitioners – Mark Ford, Richard Banca, John Brennan and George Casale – filed papers to keep the case in New York County with Justice Rakower, who already ruled that there are some problems with the new rules. While, generally speaking, a plaintiff, or petitioner in this case, has the right to bring a case wherever he or she wants, it can be subject to certain constitutional and legal limitations. Petitioners also point out that in similar cases, “venue” (where the case is heard) has been set in New York County against the NYSRWB when their rules have been challenged. In the recent cases of Sumner v. Hogan (2008) and Gill v. NYSRWB (2008), were both allowed to proceed in New York County and both challenged NYSRWB rules. In Sumner, the court specifically held that: “The fact that the petitioners seek to invalidate regulations that may have been drafted in Schenectady County should not prevent the litigation of this proceeding in New York County.” In addition, the petitioners’s lawyers also attached an exhibit that listed some 30 cases against the NYSRWB that were decided in New York County, 11 of them in the last five years. The location of this case is important for a number of reasons. The NYSRWB might obtain a “home court” advantage in Schenectady, where there are fewer judges and fewer cases. However they do have an office right in Manhattan and all of the petitioners live much closer to New York County than Schenectady. A decision is expected in the next few weeks. – By Steve Kallas
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