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3 N.J.A.R. 148

Racing Commission, New Jersey; Bunny Stables v
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Citation: 3 N.J.A.R. 148
Decision Date: 1981
Synopsis: Bunny Stables appealed from a ruling by the Meadowlands Race- track State Steward which concluded that the Stables could not take its share of the winning purse of a race since the Stables' entry did not qualify for a race in which all horses were required to be New Jersey 'owned or bred.' The administrative law judge determined that the two issues to be resolved were: a) whether the protest against the Stables' entry was properly made; and b) whether the Stables' entry was qualified to compete in the race. The judge concluded that since no written protest had been lodged in writing before the race as required by N.J.A.C. 13:71-4.1 (even though there was ample opportunity to do so), the State Steward should not have considered the protest. Additionally, the administrative law judge found that on the day of the race, there were no New Jersey domicilary ownership or control requirements in existence and that the Stables' entry met whatever pre-qualifications were necessary. Anthony J. LaRusso, Esq., for Petitioner (Arons & LaRusso, Attor- neys) Sally Ann Fields, Deputy Attorney General, for Respondent (James R. Zazzali, Attorney General of New Jersey, Attorney) Joel H. Sterns, Esq. on behalf of the Standardbred Breeders and Owners Association of New Jersey (Sterns, Herbert & Weinroth, Attorneys)
Rule(s) Cited: 13:71-14.1