Gaming Commission Rulings Database
| Licensee: MATTHEW A. MEDEIROS |
| Licensed As: TRAINER |
| Notice Number: YR 42-2007 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 04/06/2007 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.16 (a)(b)(1) & 4120.4 & 4100.1(34) |
| Ruling Text: As Trainer of Record of #1(NotThatKindAAngel) that raced in the 6th race on 3/05/2007 finishing 1st. The horse’s TCO2 level at that time exceeded the acceptable level as set forth in the above rules. During this period of your suspension you are denied the privileges of the grounds, no horses owned, trained, or driven by you shall be allowed to participate at any track conducting pari-mutuel racing. FINDING AND ORDER, 1/27/2009, Gail Pronti, ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway that respondent Matthew A. Medeiros, as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that, the non-lasix horse "Notthatkindaangel,” trained by him and racing at Yonkers Raceway on March 5, 2007, had a pre-race TCO2 level of 37 millimoles per liter or more, is affirmed; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway to impose on respondent Matthew A. Medeiros for this violation a fine of one thousand dollars ($1000) and a 60 day license suspension of his occupational licenses, is affirmed; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway that respondent Matthew A. Medeiros, as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that, the non-lasix horse “Sweet Celebration,” trained by him and racing at Yonkers Raceway on December 7, 2007, had a pre-race TCO2 level of 37 millimoles per liter or more, is affirmed; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway to impose on respondent Matthew A. Medeiros for his December 7, 2007 violation an additional fine of two thousand five hundred dollars ($2500) and 75 day license suspension of his occupational licenses, to be served consecutively, is affirmed; and ORDERED, that these suspensions shall be effective at the discretion of the Presiding Judge at the New York track where respondent Matthew A. Medeiros participates and that, during the period of his suspensions, respondent shall not directly or indirectly participate in New York 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 is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, further, that is (a) owned or trained by him, or any individual who serves as his agent or employee, during his suspensions; or (b) for which he during his suspensions is involved, directly or indirectly, with its training including 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 with any aspect of the horse’s training. ADMINISTRATIVE STAY STIPULATION, 2/05/2009, Rick Goodell, NOW, upon the mutual promises and considerations set forth in this Agreement, the parties stipulate and agree as follows: 1. Mr. Medeiros agrees that he shall institute his Article 78 proceeding by filing his petition in Supreme Court, Sullivan County, on or before March 2, 2009; 2. Mr. Medeiros agrees that, by his attorney, he will execute, and consent to the filing with Sullivan Supreme Court of, a stipulation to transfer his proceeding to the appellate division pursuant to CPLR 7803(4) and 7804(4), within five (5) days of the filing of the answering Board papers, to wit, its article 78 answer, answering affidavit(s), and certified record; 3. Mr. Medeiros agrees that, in the event of a transfer of such proceeding to the appellate division, he will file any and all applicable papers within 60 days of receiving notice of such transfer and shall comply with and not seek any delay or extension of the time requirements for filing papers therein; 4. The Board agrees to an administrative stay of the aforesaid fines and suspensions against Mr. Medeiros until March 2, 2009, and further agrees not to oppose a request made by Mr. Medeiros in state court for a judicial stay, until a final decision has been rendered in his state court proceeding, of the aforesaid fines and suspensions; 5. Mr. Medeiros agrees that he shall not seek any other stay or similar relief from a court during the pendency of his state court proceeding; 6. The parties understand and acknowledge, were Mr. Medeiros to continue to face a suspension after the conclusion of his state court proceeding, that the parties have not reached any agreement in regard to any further stay (administrative or otherwise), that Mr. Medeiros’s suspension(s) would be effective at the discretion of the Presiding Judge at the New York State track where he then participates, and that the terms and conditions of this Stipulation would not prevent Mr. Medeiros from seeking to obtain a stay in another forum; and 7. This Stipulation may be individually executed and read collectively as though each party had signed the same original. ARTICLE 78 FILED... 2/27/2009......STAYED May 14, 2010: Article 78 EXPIRED: Court Ordered that SUSPENSION [60 and 75 days, consecutively] shall be effective at the discretion of the Presiding Judge at the New York track where respondent participates. BOARD ORDER, December 31, 2010, Gail Pronti, ORDERED, that the Decisions of the Presiding Judge at Yonkers Raceway that respondent Matthew A. Medeiros as responsible trainer twice violated 9 NYCRR §§ 4120. 13 and 4120.4, in that, the non-lasix horses “Notthatkindaangel” and “Sweet Celebration,” trained by him and racing at Yonkers Raceway on March 5 and December 7, 2007, respectively, had pre-race TCO2 levels of 37 millimoles per liter or more, are affirmed; ORDERED, that the Decisions of the Presiding Judge at Yonkers Raceway to impose for these violations fines of one thousand and two thousand five hundred dollars, a total of $3,500, and suspensions of the occupational license(s) of respondent Matthew A. Medeiros for consecutive terms of 60 and 75 days, a total of 135 days, are affirmed; ORDERED, that the consecutive suspensions of respondent Matthew A. Medeiros shall commence on May 15, 2010 and that, during the period while he is suspended, he shall not directly or indirectly participate in New York 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 is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York, further, that is (a) owned or trained by him, or any individual who serves as his agent or employee, during his suspensions; or (b) for which he during his suspensions is involved, directly or indirectly, with its training including 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 with any aspect of the training of the horse; and ORDERED, that respondent Matthew A. Medeiros having not participated in pari-mutuel racing in New York from May 15 to August 27, 2010, based upon the erroneous good faith advice of his attorney that these suspensions of his occupational license(s) automatically began after his collateral challenge to the Board’s Finding and Order of January 27, 2009 had failed, and respondent Matthew A. Medeiros having paid his $3500 in fines preliminary to his administrative appeals, this Board Order is effective May 15, 2010 and is entered nunc pro tunc. |
| Suspended: 05/15/2010 to 09/26/2010 (135 days) |
| Fined: $1000.00 |
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