N.Y. Comp. Codes R. & Regs. tit. 9, § 4113.1
Horses on the steward's list shall be excluded from all pari-mutuel races and, except where permitted by the presiding judge, from all non-betting races. Unqualified horses shall be excluded from all pari-mutuel races except stakes and early closing events. Blind horses shall be excluded from all races.