Gaming Commission Rulings Database
| Licensee: JOSEPH E. MARINO |
| Licensed As: OWNER-TRAINER |
| Notice Number: FL 67-2010 |
| Racing Type: Thoroughbred |
| Track: Finger Lakes Gaming & Racetrack |
| Notice Date: 08/01/2011 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4043.2, 4043.4, 4022.11, 4022.21, 4022.12, 4022.13 |
| Ruling Text: Having received a report from the official N.Y.S.R.W.B. Equine Drug Testing Laboratory of the finding of Acepromazine and its metabolites in the body fluid samples taken from the #1 horse "Abby Morgan" which finished 2nd in the 9th race on August 26, 2010, Owner/Trainer Joseph Marino is suspended for 30 calendar days effective Saturday October 23, 2010 through Sunday November 21, 2010 inclusive and fined the sum of $1000.00. Furthermore the Stewards order "Abby Morgan" be disqualified and the purse be redistributed as follows: 1st #4 Summer Treat 2nd #2 Nantasket 3rd #9 Eager for Action 4th #5 Florida Quaker 5th #8 Widow Tapp 6th #10 Dalovaly Linda 7th #3 Crimson Attire 8th #7 Gerarda Moon During the period of his suspension, Owner/Trainer Joseph Marino is denied the privileges of the grounds of Finger Lakes Casino and Race Track. This suspension is stayed pending the outcome of his appeal filed Tuesday October 19, 2010. FINDINGS AND ORDER, AUGUST 1, 2011, Kristen M. Buckley: ORDERED, that the Respondent, Joseph E. Marino’s, fine is reduced to $500 and his occupational license is suspended for 30 days; and it is further ORDERED that the fine must be paid by August 15, 2011, if not paid by August 31, 2011, Respondent will be assessed interest or a late payment charge and may be subject to further Board action; and it is further ORDERED that during his period of suspension, respondent Joseph E. Marino 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 Joseph E. Marino, 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, AUGUST 17, 2011, William Sekellick: WHEREAS, the New York State Racing and Wagering Board ("Board"), by Finding and Order denoted FL # 67-2010, dated August 1, 2011, has found that trainer, Joseph E. Marino responsible pursuant to 9 NYCRR §4043.4 for allowing the horse, Abby Morgan trained by him, to compete in the 9th race at the Finger Lakes racetrack on August 26, 2010, while the drug acepromazine and its metabolites were present in its system, in violation of New York State Racing and Wagering Board Rule §4043.2(g)(1), and has imposed a fine in the amount of $500.00 and has suspended him for 30 days; and WHEREAS, Mr. Marino has retained Attorney Michael J. Roulan for the purpose of commencing a proceeding to review the Board’s determination under Article 78 of the CPLR in New York State Supreme Court, and the suspension has been made effective and is being served since August 10, 2011. WHEREAS, the parties have discussed and mutually agreed upon certain terms and conditions by which Mr. Marino would seek or gain a stay of his remaining suspension until the completion of such Article 78 proceeding in state court; and WHEREAS, no person who is party to this proceeding is an infant or incompetent person for whom a committee has been appointed; NOW, upon the mutual promises and considerations set forth in this Agreement, the parties stipulate as follows: 1. Mr. Marino shall institute his Article 78 proceeding by filing his petition in Supreme Court, Schenectady County, by September 5, 2011. 2. In the event that the Article 78 proceeding raises an issue of substantial evidence pursuant to CPLR 7803(4), Mr. Marino by his attorney, will execute, and consent to the filing in Supreme Court – Ontario County, a stipulation to transfer his proceeding to the Appellate Division – Third Department pursuant to 7804(g), within five (5) days of the filing of the answering Board papers, to wit, its article 78 answer, answering affidavit(s), and certified record; 3. Mr. Marino agrees that, in the event of a transfer of such proceeding to the Appellate Division, he will perfect his appeal by filing any and all applicable papers within 60 days of receiving notice of such transfer and shall comply with and not seek any delay or extension of the time requirements for filing papers therein; 4. The Board agrees to an administrative stay of the aforesaid remaining suspension against Mr. Marino until November16, 2011, and further agrees not to oppose a request made by Mr. Marino in state court for a judicial stay, until a final decision has been rendered in his state court proceeding, of the aforesaid remaining suspension; 5. Mr. Marino agrees that he shall not seek any other stay or similar relief from a court during the pendency of his state court proceeding; 6. Mr. Marino agrees that in the event that he fails to institute his Article 78 proceeding by September 5, 2011, as hereinabove provided in paragraph numbered 1., or fails to perfect his appeal under Article 78 as provided in paragraph numbered 3, that the proceeding shall be deemed abandoned, the stay terminated, and the remaining suspension will be effective at the discretion of the State Steward at the track where the penalty was issued as fully and completely as if the ruling of the Board had been confirmed by the Court. 7. The parties acknowledge, were Mr. Marino to continue to face a suspension after the conclusion of his state court proceeding, that the parties have not reached any agreement in regard to any further stay (administrative or otherwise), that Mr. Marino’s suspension would be effective at the discretion of the State Steward and that the terms and conditions of this Stipulation would not prevent Mr. Marino from seeking to obtain a stay in another forum; and 8. This Stipulation may be individually executed and read collectively as though each party had signed the same original. Having had his Article 78 dismissed by the Ontario County Supreme Court and having received a hearing before the New York State Racing and Wagering board concerning the finding of Acepromazine and it's metabolites in the body fluid samples taken from the #1 horse "Abby Morgan" which finished 2nd in the 9th race on August 26, 2010, and that Board having found and concluded that Owner/Trainer Joseph Marino is hereby fined the sum of $500.00 and suspended for 30 calendar days and in consideration of his having served 7 days of that suspension, Owner/Trainer Joseph Marino is suspended for 23 calendar days effective Friday June 8, 2012 through Saturday June 30, 2012 inclusive. During the period of his suspension, Owner/Trainer Joseph Marino shall not directly or indirectly participate in New York State Pari-Mutual horse racing and is denied the privileges and use of the grounds of New York State race tracks and he shall be forbidden to participate in and share of purses. In addition; every horse shall not participate in pari-mutuel racing that is owned by respondent Joseph Marino, no individual shall continue to serve as his agent or employee during his period of suspension, or 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 or otherwise handle. In a ruling dated October 21, 2010, the horse "Abby Morgan" was disqualified from any part of the purse and the purse ordered redistributed. |
| Suspended: 06/08/2012 to 06/30/2012 (23 days) |
| Fined: $500.00 |
Note that the above data is current as of 6:31 AM EDT, Tuesday, May 07, 2024 and subject to change as more information becomes available.
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