Gaming Commission Rulings Database
| Licensee: CARMINE J. FUSCO |
| Licensed As: OWNER-TRAINER-DRIVER |
| Notice Number: YR 138-2007 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 10/15/2007 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.2 (g) (5), 4120.4 |
| Ruling Text: Your license to participate in pari-mutuel horse racing in New York State is suspended for a period of 18 months and you are fined the sum of two thousand five hundred dollars ($2,500) reduced to 12 months and one thousand dollars ($1,000) without an appeal, because the horse CHEVIES PRIDE, trained by you competed in the 1st race on December 8, 2006 at YONKERS RACEWAY while the drug CLENBUTEROL was present in its system, which has been administered to the horse in violation of Board Rules 4120.2 (g) (5) and 4120.4. During the period of suspension you are denied the privileges of the grounds, no horses owned or trained by you or your agents or employees may participate in pari-mutuel horse racing. FINDINGS AND ORDER, DECEMBER 17, 2009; Gail Pronti: ORDERED that the decision the Presiding Judge at Yonkers Raceway to fine Respondent in the amount of $2, 500.00 and to suspend his license to participate in pari-mutuel harness racing for a period of eighteen months based upon his December 8, 2006 clenbuterol violation is affirmed, and it is further ORDERED, that the license of Respondent to participate in pari-mutuel harness racing is revoked for a period five years, to run concurrently with the eighteen month suspension, for the additional five charges in the Amended Notice of Hearing, and it is further ORDERED that this suspension and revocation shall be effective immediately and that, during the period of his revocation, 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. Further, any horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, which during the period of his revocation is (a) owned or trained by him, or by any individual who serves as his agent or employee, or (b) for which he is directly or indirectly involved 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. 12/18/09 -Stay granted of revocation/suspension by Supreme Court – Sullivan County Judge Robert Sackett “pending the determination of this Petition and the further Order of this Court”. ORDER OF SUSPENSION, MARCH 29, 2012, Kristen M. Buckley: ORDERED, that Respondent, Carmine Fusco’s license suspension for a period of 18 months shall take effect April 4, 2012 and for the additional five charges the license of Respondent to participate in pari-mutuel harness racing is revoked for a period five years, to run concurrently with the eighteen month suspension, and he is declared ineligible to participate in New York until April 4, 2017; and it is hereby further ORDERED that during the period of his revocation, 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, whether as a horseman, patron or otherwise and is forbidden to participate in any share of purses, training fees, or other payment. Further, any horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, which during the period of his revocation is (a) owned or trained by him, or by any corporation, partnership or individual serving as his agent or employee, or (b) for which he is directly or indirectly involved 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. |
| Suspended: 04/04/2012 to 04/03/2017 (1825 days) |
| Fined: $2500.00 |
Note that the above data is current as of 9:19 PM EDT, Wednesday, April 24, 2024 and subject to change as more information becomes available.
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