N.Y. Comp. Codes R. & Regs. tit. 9, § 4217.14
(d) The design of triple tickets shall be clearly and immediately distinguishable from other pari-mutuel tickets.
(2) If less than three horses finish, payoff shall be made on tickets selecting the actual finishing horses, in order, ignoring the balance of the selection.
(g) Dead heats.
In the event of a dead heat or dead heats, all triple tickets selecting the correct order of finish, counting a horse in a dead heat as finishing in either position dead-heated, shall be winning tickets and distribution shall be made in accordance with established pari-mutuel practice relative to dead heats.
(e) Scratch.
If a horse is scratched or declared a nonstarter, no further triple tickets may be issued designating such horse, and all triple tickets previously issued designating such horse shall be refunded and the money deducted from the gross pool.
(f) Failure to select a winning combination; short finishes.