Gaming Commission Rulings Database
| Licensee: MATTHEW A. MEDEIROS |
| Licensed As: TRAINER |
| Notice Number: YR 28-2010 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 04/20/2010 |
| Status: CLOSED |
| Ruling Type: Finding & Order |
| Rule(s): 4120..4 and 4120.13 |
| Ruling Text: As Trainer of Record of #4(Mr Massimo) that raced in the 10th race on 4/10/2010 finishing 4th dead-heat, the horse's TCO2 level at that time exceeded the acceptable level as set forth in the above rules. For a third violation your license is suspended for one-year, you are ordered to pay five-thousand dollars ($5,000.00) fine and be denied the privileges of all grounds subject to the jurisdiction of the NYSR&WB during the suspension period. All purse monies related to this race is to be returned to Yonkers Raceway. During your period of suspension, you shall not directly or indirectly participate in New York State pari-mutuel horse racing, you shall be denied the privileges and use of the grounds of New York State race tracks, and you shall be forbidden to participate in any share of purses. 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 you during your period of suspension, (ii) that is owned or trained by any individual who continues to serve as your agent or employee during your period of suspension, or (iii) for which you directly or indirectly make or execute, during your 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. This shall not preclude your pre-suspension agents or employees, who are not serving as such during your suspension period, from participating in pari-mutuel racing as owners or trainers provided that they are duly licensed and perform their duties in compliance with the rules and regulations of the State of New York. I’ am referring this matter to the Board for further action, my recommendation to the Board is five years and five-thousand dollars ( $5,000). FINDING AND ORDER, August 2, 2011, Kristen M. Buckley: ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway finding that respondent Matthew A. Medeiros, as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that he trained a non-lasix horse (“Mr. Massimo”) that raced at Yonkers Raceway with a pre-race TCO2 level of 37 millimoles per liter or more, is affirmed; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway finding that this constitutes the third violation of 9 NYCRR §§ 4120.13 and 4120.4 by respondent Matthew A. Medeiros, who also violated these rules on March 5 and December 7, 2007 (see Mtr. of Matthew Medeiros, YR 42/07 and 164/07), is affirmed; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway to impose as penalty for the foregoing a five thousand dollar ($5,000) fine and the suspension of respondent’s occupational license(s) for one-year, is modified to be a fine of five thousand dollars ($5,000) and the revocation of respondent’s occupational license(s) as recommended by the Hearing Officer, and further, that any pending license applications be denied and that respondent be ineligible to reapply for a minimum period of five (5) years because in the judgment of the Board the respondent’s repeated violations of the rules designed to protect the integrity of racing, including his third TCO2 violation within about three (3) years, establish that his character and fitness are unsuitable for his continued participation in racing for a minimum of five (5) years; ORDERED, that respondent Matthew A. Medeiros’s license revocation shall take effect immediately and he is declared ineligible to reapply until August 1, 2016; and ORDERED, that during the period of his revocation, respondent Matthew A. Medeiros shall not directly or indirectly participate in New York 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 other payment. Every horse, moreover, is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State that is (a) owned or trained by him, or any individual who serves as his agent or employee, during his revocation and/or suspensions; or (b) for which he, during his revocation and/or suspensions, is involved, directly or indirectly, with its training including but not limited to 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 with any aspect of the training of the horse. |
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