Gaming Commission Rulings Database
| Licensee: STEVE W. CALHOUN |
| Licensed As: OWNER RENEWAL |
| Notice Number: MO 117-2012 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 04/19/2012 |
| Status: CLOSED |
| Ruling Type: Other |
| Rule(s): 4101.24(b) 4002.9(a) |
| Ruling Text: YOU ARE HEREBY NOTIFIED TO SHOW CAUSE before the New York State Racing and Wagering Board (“Board”) at its main office at One Broadway Center, Suite 600, Schenectady, New York at 10:00 a.m. on Thursday, May 17, 2012; pursuant to New York State Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") §§ 101(1), 301(1), 309(2), 309(2)(e), 321, and/or 910, Article 3 of the State Administrative Procedure Act, and Part 5402 of 9 NYCRR; why you or any successor in interest should be permitted to participate in any harness horse race meet as owner of the horse “Reibercrombie” for a period of 90 days, and/or, why the refusal of the Presiding Judge at Yonkers Raceway to permit the horse “Reibercrombie” to race, his ruling having been appealed and administratively stayed pending appeal, should not be affirmedin that: The suspension of the license of Steve W. Calhoun and/or Casie Coleman to participate in any harness horse race meet as the owner of the horse “Reibercrombie” for a period of 90 days should be reciprocated by the Board, pursuant to Racing Law §§ 910 and 309(2)(e)(4) and 9 NYCRR §§ 4101.24(b) and 4002.9(a), because such penalty has been imposed by the Ontario Racing Commission (“ORC”). ORC took its action because these co-owners raced “Reibercrombie” when it was illegally drugged with ephedrine at Woodbine Racetrack on February 25, 2012. Based on their violation of its rules of racing, ORC penalized Steve W. Calhoun and Casie Coleman, as the owners, by (inter alia) putting the horse on the steward’s list for 90 days. Neither they, nor any successor in interest to an ownership right, may participate in any harness horse race meet as owner of the horse “Reibercrombie” for a period of 90 days pursuant to ORC Rules 11.10.01 and 20.10.10(i). Further details are set forth in the attached ORC rulings. PLEASE TAKE NOTICE that pursuant to Racing Law § 910, the burden is upon you to prove the violation and penalty imposed upon you by the Ontario Racing Commission should not be reciprocated by the New York State Racing and Wagering Board. FINDING AND ORDER, June 27, 2012, Ronald G. Ochrym: ORDERED, that the Board recognizes that Ontario Racing Commission Ruling SB43994 imposes a partial suspension of the owner license of Steve W. Calhoun, that he is not permitted to enter or race the horse “Reibercrombie” for a period of 90 days, which the Board should reciprocate pursuant to Racing, Pari-Mutuel Wagering and Breeding Law §§ 309(2) and 910; ORDERED, that respondent has failed to raise a material issue of fact regarding the foregoing and why such penalty should not be enforced against him in New York State; ORDERED, that the ruling of the Presiding Judge to reciprocate Ontario Racing Commission Ruling SB43994, that Steve W. Calhoun is not permitted to enter or race the horse “Reibercrombie” for a period of 90 days, is affirmed; and ORDERED, that respondent shall be credited with 19 days served of his partial license suspension because he began serving his owner responsibility penalty on March 5, 2012 and it was not stayed in New York State until March 24, 2012. Accordingly, respondent may not enter or race the horse “Reibercrombie” in New York State pari-mutuel racing from June 27 to September 25, 2012, inclusive. |
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