Opinion
January 27, 1992
Appeal from the Court of Claims (Weisberg, J.).
Ordered that the judgment is affirmed, with costs.
We agree with the finding of the Court of Claims that, under the facts of this case, the New York State Racing and Wagering Board is liable for veterinary malpractice. In light of the foregoing, we decline to reach the Court of Claims' alternative holding that a de facto taking occurred. Mangano, P.J., Bracken, Lawrence and Rosenblatt, JJ., concur.