No day at the races.

The First Department affirmed the state agency's determination that a noted thoroughbred-horse trainer had violated the so-called "trainer responsibility rule," codified at 9 NYCRR 4043.4, and that his license should be suspended for 120 days, in Sciacca v. Hoblock, which was decided on October 11, 2007.

Citing CPLR 7803[4], the court found the requisite substantial evidence that the trainer's employees had tried to administer a so-called "milk shake" -- a mixture of bicarbonate of soda and sugar -- to a horse he trained, with the intent of affecting the horse's race-day performance.

The court said that the trainer responsibility rule should be read to mean that trainers are liable for failing to guard their horses from such attempts prior to races.