Gaming Commission Rulings Database
| Licensee: DENNIS J. LATERZA |
| Licensed As: OWNER-TRAINER |
| Notice Number: YR 139-2007 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 10/15/2007 |
| Status: CLOSED |
| Ruling Type: Other |
| Rule(s): 4120.2 (h) and 4120.4 |
| Ruling Text: Your license to participate in pari-mutuel horse racing in New York State is suspended for a period of five (5) years and you are fined the sum or two-thousand five hundred dollars ($2500) because the horse LEMON PEPPER, trained by you, competed in the 9th race on April 27, 2007 at Yonkers Raceway while the drug human recombinant erythropoietin (rhEPO) was present in its system, which had been administered to the horse in violation of Board Rules 4120.2 (h) and 4120.4. During the period of suspension no horses owned by you or your agents or employees may participate in pari-mutuel horse racing in New York State. FINDINGS AND ORDER, 1/28/2009, Gail Pronti, ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway that respondent Dennis J. Laterza as responsible trainer violated 9 NYCRR §§ 4120.2(h) and 4120.4, in that, on April 27, 2007, a horse he trained, “Lemon Pepper,” competed in the 9th race at Yonkers Raceway with human recombinant erythropoietin (rhEPO) / Darbepoietin-alfa (DPO) in its bodily system, having been administered within seven (7) days thereof, is affirmed; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway to impose for this violation a fine of two thousand five hundred dollars ($2500) and a five (5) year suspension of the occupational license(s) of respondent Dennis J. Laterza, is affirmed; and ORDERED, that the suspension of respondent Dennis J. Laterza shall be effective at the discretion of the Presiding Judge at the New York track where respondent participates and that, during the period of his suspension, 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 suspension; or (b) for which he during his suspension 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. ADMINISTRATIVE STAY STIPULATION, 2/5/2009, Rick Goodell, NOW, upon the mutual promises and considerations set forth in this Agreement, the parties stipulate and agree as follows: 1. Mr. Laterza 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. Laterza 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. Laterza 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 fine and suspension against Mr. Laterza until March 2, 2009, and further agrees not to oppose a request made by Mr. Laterza in state court for a judicial stay, until a final decision has been rendered in his state court proceeding, of the aforesaid fine and suspension; 5. Mr. Laterza 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. Laterza 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. Laterza’s suspension 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. Laterza 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 01/27/2010 PER ADMINISTRATIVE STAY STIPULATION YR 139-2007, ARTICLE 78 FILED 2/27/2009- BOARD RULING ANNULLED BY COURT 12/24/09 |
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