Gaming Commission Rulings Database
| Licensee: DOLORES D. BASILONE |
| Licensed As: TRAINER |
| Notice Number: MO 278-2018 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 02/22/2019 |
| Status: CLOSED |
| Ruling Type: Other |
| Rule(s): 4120.2(a), 4120.2(a)(2), 4120.2(c), 4119.10 and 4120.4(a); 4120.6© |
| Ruling Text: YOU ARE HEREBY NOTIFIED TO SHOW CAUSE before the New York State Gaming Commission (“Commission”) at its main office at One Broadway Center, Suite 600, Schenectady, New York at 10:00 a.m. on November 1, 2018 whether, pursuant to Racing, Pari-Mutuel Wagering and Breeding Law section 309(2), Article 3 of the State Administrative Procedure Act and 9 NYCRR part 4550, your licenses to participate in pari-mutuel racing should be suspended or revoked and you should be fined, in that:
(1) You were fined $1,000 and your license to participate in pari-mutuel racing was suspended for 365 days pursuant to Notice No. MR 89-2018, for which you have requested this hearing, in that, at Monticello Raceway on July 24, 2018:
(a) you had and possessed on the premises of such licensed racetrack a dose syringe and another container that were not labeled to identify the substance that was in them, in violation of 9 NYCRR § 4120.6(c); and
(b) you participated in the administration of an impermissible substance by means of a dose syringe to the horse Panedictine, which you trained, on race day and within 24 hours before the scheduled post time of the 9th race, a race in which the horse was to compete, in violation of 9 NYCRR §§ 4120.2(a), 4120.2(a)(2), 4120.2(c), 4119.10 and 4120.4(a).
(2) On July 6, 2018, the horse Sandy Hook Hanover, which you trained, was administered an impermissible substance on race day and within 24 hours before the scheduled post time of the race in which the horse was to compete, the 9th race at Saratoga Raceway, in violation of 9 NYCRR §§ 4120.2(a), 4120.2(a)(2), 4120.2(c) and 4120.4(a);
PLEASE TAKE NOTICE that you may be represented by counsel, cross-examine witnesses, and present evidence and arguments on your behalf. Interpreter services will be made available to deaf persons and persons who are not English language proficient at no charge but should be requested in writing at least one week before the hearing date. You are responsible to deliver this Notice of Hearing to your attorney, if you have or retain one. This shall be a de novo hearing and may result in the imposition of any legally available penalty including a license suspension or revocation and a fine not to exceed $25,000.
If you wish to request an opportunity to participate in your hearing by video-conferencing from a location that might be more convenient for you, then you must make this request at least 10 days before the scheduled hearing date, and you must telephone the Commission (518-388-3408) to select a videoconference location and to verify that you will appear on your scheduled hearing date.
PLEASE TAKE NOTICE that the hearing may be adjourned at the discretion of the Hearing Officer for good cause shown upon the request of any party. Requests for adjournments must be submitted at least two business days before the date of the scheduled hearing. Absent a serious emergency matter, no requests for adjournments will be granted within two business days of the scheduled hearing date. To request an adjournment, you must contact the hearing officer at dciccone3@verizon.net, with the concurrent notice to the assigned counsel at william.sekellick@gaming.ny.gov , as soon as possible, or you may call the Office of Commission Counsel for assistance at (518) 388-3408. Requests for adjournments must be made in writing (including email) and, after the opposing party has had the opportunity to be heard regarding the request, approved by the Hearing Officer. If you fail to appear at the hearing, then you will be in default, the Commission may proceed in your absence with the hearing, and your appeal or request for a hearing may be deemed withdrawn.
Subsequent History***
Hearing adjourned to 1/10/18
See also MO 320-2018, summary suspension issued.
***SUBSEQUENT HISTORY***
Stipulation of Settlement
WHEREAS, on November 16, 2018, the New York State Gaming Commission (“Commission”) summarily suspended the occupational licenses of Dolores D. Basilone, to participate in pari-mutuel harness racing as an owner, trainer or otherwise pending the disposition by the Commission of a hearing before the Commission, of the following charges:
1. On November 6, 2018, the horse, JK Nowornever, trained by Dolores D. Basilone and racing at Monticello Raceway that day without an administration of furosemide pursuant to 9 NYCRR § 4120.13(a), had a pre-race TCO2 level of 37 millimoles per liter (“mmol/L”) or more, and in excess of 39 mmol/L, to wit, 40.9 mml/L, in violation of 9 NYCRR §§ 4120.13 and 4120.4(a).
2. Dolores D. Basilone’s character and general fitness are such, based on the foregoing and her history of equine drug rule violations including those described in Notices MR 67-2017 (December 28, 2017) and MR 89-2018 (August 27, 2018) (appeal pending), that her participation in pari-mutuel racing is inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, contrary to RWL § 309(2); and
WHEREAS, Dolores D. Basilone had previously requested a hearing (MO 278-2018) because she had been fined $1,000 and her license to participate in pari-mutuel racing was suspended for 365 days pursuant to Notice No. MR 89-2018, for the following pending charges:
1. On July 24, 2018 she had and possessed on the premises of Monticello Raceway a dose syringe and another container that were not labeled to identify the substance that was in them, in violation of 9 NYCRR § 4120.6(c);
2. On July 24, 2018 she participated in the administration of an impermissible substance by means of a dose syringe to the horse Panedictine, which she trained, on race day and within 24 hours before the scheduled post time of the 9th race at Monticello Raceway, in which the horse Panedictine was to compete, in violation of 9 NYCRR §§ 4120.2(a), 4120.2(a)(2), 4120.2(c), 4119.10 and 4120.4(a).
3. On July 6, 2018, the horse Sandy Hook Hanover, which she trained, was administered an impermissible substance on race day and within 24 hours before the scheduled post time of the 9th race at Saratoga Raceway in which the horse Sandy Hook Hanover was to compete, in violation of 9 NYCRR §§ 4120.2(a), 4120.2(a)(2), 4120.2(c) and 4120.4(a); and
WHEREAS, no person who is party to this proceeding is an infant or incompetent person for whom a committee has been appointed,
NOW, Dolores D. Basilone, having been represented by Marvin Newberg, Esq., and the Commission, upon the mutual promises and considerations set forth in this stipulation hereby agree to settle this matter as follows:
1. The New York State Gaming Commission and respondent Dolores D. Basilone agree to the disposition of the pending matters as set forth herein.
2. Respondent Dolores D. Basilone waives a hearing on the pending charges listed above and understands that she is being penalized as set forth in detail herein.
3. Respondent admits that on November 6, 2018, the horse, JK Nowornever, trained by Dolores D. Basilone and racing at Monticello Raceway that day without an administration of furosemide pursuant to 9 NYCRR § 4120.13(a), had a pre-race TCO2 level of 37 millimoles per liter (“mmol/L”) or more, and in excess of 39 mmol/L, to wit, 40.9 mml/L, in violation of 9 NYCRR §§ 4120.13 and 4120.4(a), in full satisfaction of all hereinabove described pending charges.
4. The parties agree that it is a violation of New York State Gaming Commission rules to administer any substance by dose syringe within 24 hour of post time of a race.
5. The Commission shall suspend the occupational licenses of respondent for 9 months beginning on November 16, 2018 and ending on August 15, 2019 inclusive.
6. The respondent is fined the amount of $1,500 and agrees to pay the $500 remaining balance within 30 days of receipt of a fully executed copy of this stipulation. Failure to make timely payment will result in the assessment of interest or a late payment charge and may result in a charge to cover the cost of processing, handling, and collection of such debt. The respondent shall be ineligible to participate until the fine is paid.
7. Respondent agrees that for 2 years following the reinstatement of her license, which shall commence no earlier than August 16, 2019, that her license shall be conditioned upon:
a. She or any persons on her behalf shall not possess baking soda, or other alkalizing substances, unlabeled or inappropriately labeled dose syringes or other milk shaking/dosing paraphernalia while on the premises of any horse racing track under the jurisdiction of the New York State Gaming Commission.
b. Further, that any such items found in her possession on such premises or in any barn, stall, tack room, or other area assigned to or controlled by her shall be considered contraband, subject to seizure by Commission or track representatives, and be considered a violation of the terms of this agreement.
c. That she shall not violate any of the provisions of Part 4120 of 9 NYCRR.
d. If she shall violate any of the above conditions, the Commission shall revoke her licenses to participate in racing in New York State.
8. Respondent represents and agrees that during her suspension she shall not participate in New York State pari-mutuel racing, directly or indirectly, and that while revoked respondent shall be denied the privileges and use of the grounds of New York State racetracks, is forbidden to participate in any share of purses from New York State pari-mutuel races, and shall not handle arrangements with any horse owner or other person for the care, training, or entry of any horse, or for the invoicing, collecting of fees or other payments or employment of workers who assist in caring for or training any horse, or any other arrangement incidental to caring for or training any horse that during his revocation participates in New York State racing. Respondent further represents and agrees that no horses shall participate in New York State pari-mutuel racing through being owned or trained by an individual who is serving as respondent’s agent or employee while respondent’s occupational licenses are revoked.
9. Respondent waives her right to bring a judicial challenge to any of the actions of
the New York State Gaming Commission, its members, agents, or employees, with respect to this case, in any state or federal court or other forum, except to the extent that she seeks to enforce the terms and conditions of this Stipulation.
10. Respondent has read all the above conditions and understands and agrees to comply with these conditions. Respondent understands that her future participation in racing is conditioned upon her compliance with this agreement.
11. This stipulation represents the full, final and complete resolution of the above-referenced matters, MO 278-2018 (including MR 89-2018) and MO 320-2018.
[see also, MR 89-2018 and MO 320-2018] |
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