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Dutrow's appeal denied for second time

The New York Court of Appeals has ruled for the second time in three months that it will not hear an appeal by trainer Richard Dutrow Jr. of a 10-year suspension handed down by New York regulators in late 2011, dealing what could be a fatal blow to Dutrow’s career.

With the decision, a stay that has allowed Dutrow to continue to train while he appeals the suspension is likely to be lifted in the next several days, once Dutrow is served with the court’s opinion. That will send Dutrow, 54, to the sidelines for the first time since the suspension was issued, in October 2011, nearly 14 months ago.

With the Tuesday decision, the Court of Appeals, the highest court in New York, has now declined twice to hear Dutrow’s appeal, first on the grounds that the suspension did not raise any constitutional questions and now on the basis that the court had no reason to question lower-court rulings upholding the state racing commission’s penalties.

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