Gaming Commission

Gaming Commission Rulings Database

Licensee: GILBERT E. LAWYER JR
Licensed As: OWNER-TRAINER
Notice Number: SR 27-2011
Racing Type: Harness
Track: Saratoga Gaming & Raceway
Notice Date: 05/21/2011
Ruling Type: Fine & Suspension
Rule(s): 4102.1,4102.3,4120.2,4120.4,4120.5
Ruling Text: Mr. GILBERT E. LAWYER, having appealed from the fines and suspensions of his license to participate in pari-mutuel horse racing in the State of New York imposed by the New York State Racing and Wagering Board by: Notice SR 40-2010, by which he was suspended for 20 days and fined $500.00 because the horse Current Ca Ching, trained by him, competed in the 6th race of the afternoon card at Saratoga Gaming and Raceway on April 10, 2010 while the drug acepromazine, or its metabolites, was present in its system, which had been administered to the horse within 96 hours of the scheduled post time of the race in violation of New York State Racing and Wagering Board Rule §4120.2(g)(1), for which he is responsible pursuant to Rule §4120.4; and Notice SR 41-2010, by which he was fined $100.00 because the horse Goodbye So Long, trained by him, competed in the 8th race of the evening card (21st race) at Saratoga Gaming and Raceway on April 10, 2010 while the drug furosemide was present in its system at a level in excess of the level permitted by Rule §4120.2(b)(6) in violation of New York State Racing and Wagering Board Rule §4120.2(b), for which he is responsible pursuant to Rule §4120.4; and Notice SR 42-2010, by which he was suspended for 15 days and fined $500.00 because the horse Goodbye So Long, trained by him, competed in the 8th race of the evening card (21st race) at Saratoga Gaming and Raceway on April 10, 2010 while the drug flunixin was present in its system, which had been administered to the horse by intravenous injection within 24 hours of the scheduled post time of the race in violation of New York State Racing and Wagering Board Rule §4120.2(d)(1), or administered by any means within 48 hours of the scheduled post time of the race in violation of New York State Racing and Wagering Board Rule §4120.2(e)(14), for which he is responsible pursuant to Rule §4120.4. The Respondent having received proper notice and having participated in an appeal hearing on October 7, 2010, and the Hearing Officer having rendered his report on April 22, 2011, which is attached hereto and incorporated herein; and THE BOARD, after due deliberation, having met on April 27, 2011, and adopted the Hearing Officer’s findings of fact and conclusions of law, THEREFORE, upon the record, the Report of the Hearing Officer, and the findings and conclusions adopted herein, it is hereby, ORDERED, that each of the fines in the notices are affirmed and the Respondent, Gilbert E. Lawyer’s occupational license is suspended a total of 15 days for all of the violations, and it is FURTHER ORDERED that during his period of suspension, respondent Gilbert E. Lawyer 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 Gilbert E. Lawyer, 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. In addition, as referred to in SR40-2010, the horse "Current Ca Ching" remains disqualified from it's 1st place finish and the purse money returned ($ 2,150.00) shall be redistributed appropriately. (SUSPENSION SR 40, 41 & 42- 2010 OF 15 DAYS ASSIGNED IN THIS NOTICE)
Suspended: 05/23/2011 to 06/06/2011 (15 days)
Fined: $.00

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