The Thoroughbred Retirement Foundation and its board of directors today filed a motion to dismiss the suit filed by the Attorney General of the State of New York against the foundation on May 3. The motion was filed by attorney Barry Ostrager from the firm of Simpson Thacher & Bartlett. Reached by phone, Ostrager said, "I think the papers speak for themselves. Clearly, we believe that the filing of the complaint was an egregious misallocation of state resources because we think the complaint is utterly meritless and the New York Attorney General's office was aware of the falsity of many of the pincipal allegations of the complaint. I am very troubled by the circumstance that a filing that could potentially adversely affect the ability of the TRF to continue to raise money would be made on the record that is laid out in our motion to dismiss."