N.Y. Comp. Codes R. & Regs. tit. 9 § 4112.4
The post positions for each of the two divisions in elimination heats described in subdivisions (b) through (d) of section 4112.2 of this Part shall be drawn in accordance with the general rules for drawing post positions. The entire field of both divisions shall be listed in the program for the final heat. Horses failing to qualify for the final heat shall be stricken from this list and the qualifying horses remaining shall race from post positions drawn by the judges, who shall draw positions to determine which of the two heat winners shall have the pole and which the second position; which of the two horses that have been second shall start in third position; and which in fourth, etc. The post positions shall be announced to the public. Post positions may also be drawn as provided in conditions approved by the commission.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4112.4