Gaming Commission Rulings Database
| Licensee: TIMOTHY D. CASE |
| Licensed As: None (Unknown) |
| Notice Number: MO 230-2006 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 08/15/2006 |
| Status: CLOSED |
| Ruling Type: Order Issued |
| Rule(s): 4120.16 4120.16(C) 4120.4 |
| Ruling Text: ORDER TO SHOW CAUSE WHY YOU SHOULD NOT BE FINED AND YOUR LICENSE SUSPENDED OR REVOKED. On May 23, 2006, a horse, "Famous Last Words", trained by you and entered to race at Monticello Raceway that day, had a pre-race TCO2 level of 39 millimoles per liter or more, as shown by testing conducted pursuant to 9 NYCRR 4120.16(a) and not shown to be its physiologically normal level pursuant to NYCRR 4120.16(c), in violation of 9 NYCRR 4120.16 and 4120.4. Your character and general fitness are such that your participation in harness racing is inconsistent with the public interest, convenience and necessity and with the best interest of racing generally, contrary to Racing Law 309(2) and 9 (e) NYCRR 4119.7(b), based on your history of Board rule violations including your multiple equine drug violations since 2000. FINDING AND ORDER, March 7, 2007, Gail Pronti; ORDERED, that the Board further finds that the full range of known factors, apart from alkalizing agents, that may affect TCO2 levels in the horse on race day are part of the various horse population studies upon which the threshold levels are based; ORDERED, that on May 23, 2006 the horse "Famous Last Words," trained by respondent Timothy Case and entered to race at Monticello Raceway, had a pre-race TCO2 level of 39 millimoles per liter or more, not physiologically normal, a violation by respondent of 9 NYCRR 4120.16 [now 4120.13] and 4120.4; ORDERED, that the foregoing violation together with respondent’s history of Board rule violations, including multiple equine drug violations since 2000, establishes that his character and general fitness are unsuitable within the meaning of Racing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”) § 309(2) and 9 NYCRR 4119.7(b); and ORDERED, that respondent Timothy Case’s occupational licenses to participate in pari-mutuel racing are hereby revoked, and he is declared ineligible to reapply for five (5) years, to wit, until March 8, 2013. STAYED; MARCH 12, 2008 APRIL 2, 2008. The Court originally stayed the Board’s 5-year revocation on condition of such detention. It has removed the detention requirement. His revocation is now unconditionally stayed. Mr. Case is currently free to race (pending his lawsuit) without detention. BOARD ORDERED, 9/25/2009, Ronald Ochrym: (RE: MO 378-09) ORDERED, that while revoked by the Board, Timothy Case shall not directly or indirectly participate in New York State pari-mutuel horse racing, is denied the privileges and use of the grounds of all racetracks, and is forbidden to participate in any share of purses or other payment. Every horse that is (a) owned or trained by him, or any individual who serves as his agent or employee, during the revocation; or (b) for which Timothy Case during his revocation is involved, directly or indirectly, with its training (including any arrangements 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 the training of the horse); is denied the privileges of the grounds and shall not participate in pari-mutuel racing. |
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