Gaming Commission Rulings Database
| Licensee: FRANK YANOTI |
| Licensed As: OWNER-TRAINER |
| Notice Number: MR 55-2011 |
| Racing Type: Harness |
| Track: Monticello Raceway & Mighty M Gaming |
| Notice Date: 06/29/2011 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4210.2(h), 4120.4 |
| Ruling Text: Your license is suspended for one hundred twenty (120) days, and you are fined one thousand dollars ($1,000.00) because the horse, "DREAM BIG ED," trained by you, competed in the 7th race on 3/22/11 while the drug oxymetazoline, which had been administered in violation of rules 4120.2(h) and 4120.4, was present in its system, . During the period of this suspension you shall not directly or indirectly participate in New York State parimutuel horse racing, you shall be denied the privileges & use of the grounds & shall not participate in any share of purses. Every horse shall be denied the privileges of the grounds & 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 they are duly licensed and perform their duties in compliance with the rules and regulations of the State of New York. Having appeared before a representative of the New York State Racing and Wagering Board, and having filed an appeal and paid your fine, your suspension is stayed pending further action by the Board. STIPULATION 10/17/2011, Rick Goodell: . The New York State Racing and Wagering Board (“Board”) and respondent Frank Yanoti hereby agree to the disposition of his pending matter as set forth herein; 2. Frank Yanoti withdraws his appeal and understands that he is being penalized as set forth in detail herein, including with a suspension of his occupational license(s) to participate in pari-mutuel racing and fines, because the horse "Dream Big Ed," trained by him, competed in the 7th race at Monticello Raceway on March 21, 2011 with the drug oxymetazoline having been administered within one week of the scheduled post time of its race, in violation of 9 NYCRR §§ 4120.2(h) 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 90 days beginning on October 24, 2011; to wit, from October 24, 2011 to January 22, 2012, 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 November 23, 2011, will result in the assessment of interest and/or a late payment charge and may result in other collection charges. The Board acknowledges that respondent has already paid his fine. 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 matters, 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 the resolution of this matte. It may be individually executed and read collectively as though each party had signed the same original. |
| Suspended: 10/24/2011 to 01/21/2012 (90 days) |
| Fined: $1000.00 |
Note that the above data is current as of 9:35 PM EDT, Tuesday, April 30, 2024 and subject to change as more information becomes available.
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