Gaming Commission Rulings Database
| Licensee: ROSS A. CROGHAN |
| Licensed As: OWNER-TRAINER |
| Notice Number: YR 37-2009 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 03/30/2009 |
| Status: REQUEST WITHDRAWN |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.13 & 4120.4 |
| Ruling Text: The horse #2(Jilsander N) trained by you raced on 2/20/2009 in the 3rd and finished 6th and the pre-race blood sample results indicated a level equaling or exceeding the TCO2 threshold level pursuant to Rule 4120.2 (b)(6). After the request was granted to place the horse under guarded quarantine, the horse was placed under guarded quarantine from 3/09/2009-3/12/2009 (not exceeding 72 hours). After receiving the results of periodic testing during quarantine, the results did not support that the horse's reported pre-race TC02 level was physiologically normal. ORDERED, that during the period of suspension, respondent shall not directly or indirectly participate in New York State pari-mutuel horse racing, he shall be denied the privileges and use of the grounds of New York State racetracks, and he shall be forbidden to participate in any share of purses. In addition, every horse shall be denied the privileges of the grounds and shall not participate in pari-mutuel racing (i) that is owned or trained by respondent NAME during his period of suspension, (ii) that is owned or trained by any individual who continues to serve as his agent or employee during his period of suspension, or (iii) for which he directly or indirectly makes or executes, during his period of suspension, any arrangement with an owner or other person to care for, train, enter in a race, invoice, collect fees or other payments related to, employ workers for, or otherwise handle. STIPULATION, November 19, 2009, Rick Goodell: NOW, upon the mutual promises and considerations set forth in this Agreement, the parties agree to settle this matter as follows: 1. The Board and Ross Croghan hereby agree to the disposition of his pending matters as set forth herein. 2. Ross Croghan withdraws his appeal and understands that he is being penalized as set forth in detail herein, including with a suspension of his license to participate in pari-mutuel racing and fines, because the non-lasix horse "Jilsander N," trained by him and racing on February 20, 2009 at Yonkers Raceway, had a pre-race TCO2 level that day of 37 millimoles per liter or more, in violation of 9 NYCRR §§ 4120.13 and 4120.4. 3. Respondent agrees that he shall pay a total fine of One Thousand Dollars ($1,000) and his occupational license(s) to participate in pari-mutuel racing in New York State shall be suspended for a period of 60 days, to wit, from November 29, 2009, to January 27, 2010, inclusive. 4. Respondent agrees that during his period of suspension, he shall not directly or indirectly participate in New York State pari-mutuel horse racing, he is denied the privileges and use of the grounds of all racetracks, and he is forbidden to participate in any share of purses or related payment. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by him, or by any individual who serves as his agent or employee, during his suspension; or (b) for which he during his suspension is involved, directly or indirectly, with its training, including any arrangement 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 with any part of its racing or training. 5. Respondent understands and agrees that he shall be ineligible to participate in racing unless and until his fine is paid and that failure to pay within 30 days, i.e., by his delinquency date of December 28, 2009, will result in the assessment of interest and/or a late payment charge and may result in other collection charges. 6. Respondent waives his right to bring a judicial challenge to any of the actions of the New York State Racing and Wagering Board, its members, agents, or employees, with respect to this matter, in any state or federal court or other forum. 7. Respondent has read all of the above conditions and understands and agrees to comply with these conditions. He understands that his participation in racing is conditioned upon his compliance with this agreement. 8. This Settlement Agreement represents the full, final and complete agreement between Respondent and Office of Board Counsel and resolution of this matter, and may be individually executed and read collectively as though each party had signed the same original. |
| Suspended: 11/29/2009 to 01/27/2010 (60 days) |
| Fined: $1000.00 |
Note that the above data is current as of 9:34 PM EDT, Tuesday, May 07, 2024 and subject to change as more information becomes available.
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