Matter of Sachs v. Ny State Racing and Wagering Bd., Division of Harness Racing, 93784.

• Court: New York Supreme Court Appellate Division
• Writing for the Court: Spain
• Citation: 2003 NY Slip Op 18310,1 A.D.3d 768,767 N.Y.S.2d 144
• Parties: In the Matter of DAVID R. SACHS, Petitioner, v. NEW YORK STATE RACING AND WAGERING BOARD, DIVISION OF HARNESS RACING, Respondent.
• Decision Date: 13 November 2003
• Docket Number: 93784.

1 A.D.3d 768 767 N.Y.S.2d 144 2003 NY Slip Op 18310 In the Matter of DAVID R. SACHS, Petitioner,
v.
NEW YORK STATE RACING AND WAGERING BOARD, DIVISION OF HARNESS RACING, Respondent. 93784. Appellate Division of the Supreme Court of the State of New York, Third Department. November 13, 2003.

[1 A.D.3d 769]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent which found that petitioner violated certain racing regulations.

Spain, J.

Petitioner, a doctor of veterinary medicine licensed to practice at racetracks in this state (see Racing, Pari-Mutuel Wagering and Breeding Law § 309), worked for many years in the 1990s as the veterinarian for trainer Joseph Minieri at barn Double A at Monticello Raceway. On three race dates in November 1999, postrace urine tests of four horses trained by Minieri, for whom petitioner administered veterinary care, tested positive for naloxone, an analgesic forbidden to be administered to horses within seven days of the start of a racing program (see 9 NYCRR 4120.2 [f]; 4043.1 [h]; 4043.2 [f]). Respondent's initial investigation focused on Minieri, whose license was suspended for several intervals. However, by May 2000, Minieri—along with grooms and horse owners connected to barn Double A—implicated petitioner in the injection of unknown substances into horses on race days. During that time petitioner gave statements to investigators for respondent admitting to administering naloxone to horses after races, but never before races, and denied administering the drug to any of Minieri's horses.

On December 29, 2000, respondent mailed petitioner an order to show cause charging him with nine counts of violating its rules and seeking to revoke his license and to expel him from racetracks in this state (see Racing, Pari-Mutuel Wagering and Breeding Law § 309 [2] [e]; 9 NYCRR 4102.3 [a] [1], [4]; 5402.3). Five of the charges pertained to allegations that on five dates in

1 A.D.3d 770

November 1999, petitioner injected four horses with naloxone within 24 hours of the start of a racing program, knowing that the respective horses were scheduled for a race in that program. Petitioner was also charged with conspiring to violate respondent's rules, failing to report the conspiracy, failing to keep written records of the subject injections, and failing to maintain records of his animal visits, diagnoses and treatments during 1999 and 2000. Additional charges related to his alleged failure to give accurate and complete testimony and records to respondent and systematic and unlawful administration of restricted substances to racehorses on race days during the past several years (see 9 NYCRR 4119.7 [a] [5]; [d]; 4119.8 [g]; 4119.9 [a]).

Following a hearing held over the course of several months, a Hearing Officer concluded that respondent had proven petitioner's violation of the charges and recommended that he be suspended and his license revoked (9 NYCRR 5402.6 [d], [e]). Respondent thereafter adopted the Hearing Officer's findings (see 9 NYCRR 5402.8), adding that petitioner had "regularly, unlawfully administered restricted substances at Monticello Raceway to racehorses on race days over the preceding several years, a pattern of violations and corrupt and fraudulent conduct that is detrimental...