New York County
Article 78 Proceeding
MEMORANDUM OF LAW IN SUPPORT OF PETITION
78 proceeding challenging July 27, 2015, Findings and Decision (the “Decision”) by the
Respondent, United States Equestrian Federation, Inc. (“USEF” or the “Federation”). Petitioners
respectfully ask this Court to vacate the USEF Hearing Committee’s finding that Petitioners
violated Federation Rule GR 410.
owner, respectively, of the horse FONTEYN. Petitioners exhibited FONTEYN at a USEF licensed
equestrian event in February 2014. USEF laboratory tests of post-event urine samples
from FONTEYN showed the presence of 2-(1-hydrozyethel) promazine sulfoxide (“HEPS”) at a
concentration of 5.1 ng/ml. HEPS is a metabolite of acepromazine, a drug commonly used
therapeutically in horses. USEF’s laboratory did not detect acepromazine in FONTEYN’s blood.
test concentrations below 10 ng/ml HEPS in urine would not correlate to a level of acepromazine
sufficient to affect a horse’s performance.
Accordingly, the Federation’s decision to hold Petitioners in violation of GR 410
and to impose penalties against Petitioners was arbitrary and capricious, an abuse of discretion, and not supported by substantial evidence.
View Petitioner’s Argument (cont)