If a horse is scratched or withdrawn from the start, horses with post positions outside of that of the withdrawn horse, may move one post position closer to the rail. In the event there are two tiers of horses, the withdrawing of a horse that has drawn or earned a position in the front tier shall not affect the position of the horses that have drawn or earned positions in the second tier.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4115.6