N.Y. Comp. Codes R. & Regs. tit. 9 § 4009.22
In all races except sweepstakes with five or more separate entries that start, a racing association shall provide win, place and show pools. In all races with four separate entries that start, a racing association shall provide win and place pools and at such racing association's option may conduct a show pool. In races of three separate entries, a racing association shall provide a win pool and, at such racing association's option may conduct a place pool. For two separate entries that start, a racing association shall provide only a win pool. Pari-mutuel tickets shall be sold accordingly; provided, however, that in sweepstakes with fewer than four separate entries that start, a racing association may, at such racing association's option, provide that there shall be no betting, and in such cases an additional race with betting shall be added to the program, if feasible.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4009.22