Gaming Commission Rulings Database
| Licensee: MICHAEL A. RASHKIN |
| Licensed As: OWNER-TRAINER |
| Notice Number: MO 386-2008 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 10/24/2008 |
| Status: CLOSED |
| Ruling Type: Suspension |
| Rule(s): 4104.10(a)(3), 4116.11 and/or 4119.9 |
| Ruling Text: YOU ARE HEREBY ORDERED TO SHOW CAUSE before the New York State Racing and Wagering Board (the "Board") at the Board office located at One Broadway Center, Suite 600, Schenectady, New York, on Wednesday and Thursday, November 5 and 6, 2008, at 10:00 a.m., why you should not be fined and your license to participate in pari-mutuel harness racing in New York State be suspended or revoked pursuant to Section 309(2) of the New York State Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") and the applicable Board Rules at 9(E) NYCRR because; whether intentionally or without just cause or excuse, and whether directly or through your employees; as the responsible and designated trainer of the horse “Silver Flash” for trainer Paul W. Slazay, Jr., who was absent beyond one day at Tioga Downs, on August 10, 2008:. STIPULATION OF SETTLEMENT 1/12/2009 Rick Goodell; 1. Michael O. Rashkin hereby agrees that his actions and/or omissions constituted a violation of 9 NYCRR §§ 4116.11 and 4119.9(a) for, as designated trainer, having raced “Always Lucky K” instead of the programmed horse, “Silver Flash, in the 11th race at Tioga Downs on August 10, 2008; 2. Michael O. Rashkin hereby withdraws his appeal of Ruling TD 63/08 of the Tioga Downs Presiding Judge, and the Board agrees that his admission and withdrawal of his appeal shall constitute a full and final resolution of all charges pending against him in proceedings known as TD 63/08 or MO 386/08. 3. The Board withdraws and discontinues its allegations added by Order to Show Cause dated October 24, 2008, all of which rest upon the same underlying conduct as his alleged violation of 9 NYCRR §§ 4116.11 and 4119.9(a) for having raced “Always Lucky K” instead of the programmed horse, “Silver Flash, in the 11th race at Tioga Downs on August 10, 2008; 4. Michael O. Rashkin understands that his license to participate in pari-mutuel racing is being penalized, as a result of the foregoing rule violation, with a suspension for a period of 15 calendar days, from January 15 to January 29, 2009 (inclusive); 5. Michael O. Rashkin agrees that during the period of suspension, he shall not directly or indirectly participate in New York State pari-mutuel horse racing, is denied the privileges and use of the grounds of all racetracks, and is forbidden to participate in any share of purses or other payment. Every horse that is (a) owned or trained by him, or any individual who serves as his agent or employee, during the suspension; or (b) for which he during the suspension is involved, directly or indirectly, with its training (including any arrangements made to care for, train, enter, race, invoice, collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist the training of the horse); is denied the privileges of the grounds and shall not participate in pari-mutuel racing; 6. Michael O. Rashkin waives his right to bring any judicial challenge to any of the actions of the Board, its members, agents, or employees, with respect to these matters, in any state or federal court or other forum, and to any further administrative proceeding. 7. Michael O. Rashkin has read all of the above conditions and understands and agrees to comply with these conditions. He understands that his future participation in racing is conditioned upon his compliance with this agreement. 8. This Stipulation of Settlement represents the full, final and complete resolution of this matter, and may be individually executed and read collectively as though each party had signed the same original. |
| Suspended: 01/15/2009 to 01/29/2009 (15 days) |
Note that the above data is current as of 12:25 AM EDT, Wednesday, May 01, 2024 and subject to change as more information becomes available.
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