Court of Appeals of New York

In this case concerning the introduction of a new equine drug testing rule, the Out of Competition Testing Rule (9 NYCRR section 4120.17), plaintiffs commenced this hybrid article 78-declaratory judgment proceeding in advance of the rule's effective date, alleging, among other things, that equine drug testing without a nexus to the test subject's participation in a specific, soon-to-be-run race is not authorized by the enabling legislation and would entail constitutionally unreasonable intrusions upon off-track farms stabling race horses, some of which are owned by persons not subject to the defendant's licensing jurisdiction. Judgment in favor of defendant is affirmed, where: 1) there are legal grounds for the promulgation of a rule mandating out-of-competition race horse testing; and 2) a testing regimen of the sort proposed would not necessarily involve constitutionally unreasonable intrusions by defendant's agents.

Appellate Information

• Decided 12/18/2014
• Published 12/18/2014

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel