N.Y. Comp. Codes R. & Regs. tit. 9, § 4410.3 – Off-track pick four pool conducted solely off-track.

(a) When approved by the commission after filing of the required written consent of the track affected, an off-track betting pool designated a pick four pool may be conducted by one or a combination of off-track betting corporations in a single off-track pool, which pool is not combined with any pool at a track.
(b) The pick four (or other approved name) is a form of pari-mutuel wagering conducted by an off-track betting corporation on four races run at any track specifically designated as the pick four races by the commission. Each bettor selects, in order, the first placed horse in each of the four races designated and advertised by the corporation as the pick four races, in the race order so designated by the commission.
(c) The pick four is not a parlay and has no connection with nor relation to the other betting pools for the respective races. The pick four pool shall be held entirely separate from all other pools and is no part of a daily double, exacta, triple or other wagering pool.
(d) Resale of pick four tickets from one individual to another is prohibited, shall be grounds for ejection, and may be deemed illegal gambling.
(e) Races in which pick four pools shall be conducted shall be approved by the commission and shall be clearly designated in the program and racing cards issued by the corporation.
(f) The design of the pick four tickets shall be clearly and immediately distinguishable from other pari-mutuel tickets.
1. (1) If no pick four ticket is sold combining the winners of the four pick four races, all pick four tickets designating three winners shall be considered winning tickets and the net pool distributed equally to holders of said tickets.
2. (2) If no pick four ticket is sold combining the winners of either four or three races of the four pick four races, all pick four tickets designating two winners shall be considered winning tickets and the net pool distributed equally to holders of said tickets.
3. (3) If no pick four ticket is sold combining the winners of either four, three or two races of the four pick four races, all pick four tickets designating one winner shall be considered winning tickets and the net pool distributed equally to holders of said tickets.
4. (4) If no pick four ticket is sold designating any winner to win in the designated pick four races, the pick four shall be declared off and the gross pool refunded.
5. (5) If any of the designated races are cancelled or declared “no race,” the pick four will be determined by the winners of the remaining race or races.
  (i) Dead heats.
  In the event of a dead heat for win in any or all pick four races, all pick four tickets designating either horse to win in said race or races 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.
(g) Scratched horses and nonstarters.
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 betting entry or field (designated horse) upon which the most wagering money has been registered at the site of the statewide interface 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.) 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; except that if totalisator capability to record wagers selecting a coupled entry (or field) and wagers selecting any individual constituent horses therein (merging such wagers for odds display and payoff purposes), is employed, then the wagers upon scratched constituent horses will be deemed wagers upon the “designated horse” in such race. 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 nonbetting starter for purposes of other pari-mutuel pools at the site of the statewide interface, wagers upon such entry or field shall be deemed wagers upon the “designated horse” for such race. Should a programmed starter be scratched or declared a nonstarter in any pick-four race prior to the start of the first leg, the betting operator shall be authorized to refund any tickets designating betting entries affected thereby prior to such first leg.
(h) Failure to select a winning combination.
(j) In the event of occurrences not encompassed with the explicit provisions of this section, distribution shall be formulated on the basis of established pari-mutuel practice and in accordance with the distribution philosophy set forth in this section; provided, nevertheless, that if full distribution of the pool is made on the basis of outstanding tickets, the method of formulation announced by the corporation, and upon which basis payments have been made, shall be deemed conclusively correct and not subject to review.
(k) Copies of this section shall be made available free of charge to the public in each betting facility of the corporation.
(l) Placing of horses shall follow the official placing for betting purposes at the track, and such placing shall be conclusive for distribution purposes herein.