Should a programmed starter be scratched or declared a nonstarter in any pick-four race before the start of the first pick-four race, any affected bettor may select another betting interest, if the wager can be canceled and a replacement wager issued before the start of the first pick-four race, or may obtain a cancellation of the wager prior to the start of the first pick-four race. If neither option is exercised, then wagers upon such scratched or declared nonstarter shall be deemed wagers upon the designated horse for such race. The designated horse means the betting entry or field upon which the most wagering money has been registered at the track in the win pool at the close of win-pool betting for such race. In the event of a money tie, the tied betting entry or field with the lowest program number shall be designated. At any time after wagering begins on the pick-four pool, should an entire betting entry or field be scratched or declared a nonstarter in any pick-four race, no further tickets selecting such betting entry or field shall be issued, and wagers upon such betting entry or field, for purposes of the pick-four pool, shall be deemed wagers upon the designated horse. Wagers in the pick-four pool upon an entry or field of horses from which a starter or starters may have been scratched will, in the case of such entry or field, be deemed wagers upon the horse or horses remaining in such entry or field. In case no starter remains representing any betting entry or field, wagers upon such entry or field shall be deemed wagers upon the designated horse in the race affected by the scratch. Should the balance of a betting entry or field race as a non-betting starter for purposes of other pari-mutuel pools, as provided in sections 4009.20 and 4009.21 of this Article, wagers upon such entry or field shall be deemed wagers upon the designated horse for such race.
If neither subdivision (h) nor subdivision (i) of this section applies, then the pick-four pool shall be apportioned in the following order:
When the condition of a turf course warrants a change of racing surface to a non-turf course in any of the pick-four races, and such change has not been known to the public before the close of wagering for the pick-four pool, such changed race shall be deemed an all win race for pick-four wagering purposes. An all win race means the winning horse of that race is assigned to each pick-four ticket holder as such ticket holder's selection for that race. If there is a surface transfer in one or more of the pick-four races, then those who selected the winners in the greatest number of races without a surface transfer shall share the net pool. If there are no wagers selecting the winner of at least one of the races without a surface transfer, then the entire pool for such program shall be refunded. If any of the designated races is cancelled or declared "no race," then the pick-four pool will be determined by the winners of the remaining race or races.
In the event of a dead heat for win in a pick-four race, all pick-four tickets designating any such horse to win shall be eligible for participation in the remaining pick-four races, and the net pool shall be equally distributed to the winners, that is, the net pool will be divided by the total amount represented by all winning tickets and the resulting price, per dollar, and after breakage, shall be the payoff price, which shall be uniform for any winning combination.
Every pick-four wagering combination entitled to a payoff shall be posted publicly by the track operator together with the payoff price.
Pick-four tickets shall be nontransferable, and violations of this subdivision may lead to confiscation and cancellation of such tickets in addition to other disciplinary action.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4011.24
The amended version of this section by New York State Register June 5, 2024/Volume XLVI, Issue 23, eff. 6/5/2024 is not yet available.