Gaming Commission

Gaming Commission Rulings Database

Licensee: MICHAEL SORENTINO
Licensed As: OWNER RENEWAL
Notice Number: YR 165-2007
Racing Type: Harness
Track: Yonkers Raceway
Notice Date: 12/20/2007
Status: CLOSED
Ruling Type: Fine
Rule(s): 4119.1 conduct ; 4119.2 profanity; 4105.6 power of judges
Ruling Text: On 12/17/2007 you are in violation of rule #4119.1(conduct/ all licensees of the New York State Harness Racing Commission are required to conduct themselves in a forthright , gentlemanly manner at all times while on or near the premises of a licensed harness race track during the operation of a licensed harness race meet.) You are in violation of rule #4119.2 (profanity/ no licensee of the New York State Harness Racing Commission shall use improper language or otherwise abuse any official , appointee, representative or employee of the New York State Harness Racing Commission , or any person acting under the orders or rules of the New York State Harness Racing Commission.) Rule #4105.6(power of judges) allows me to impose fines and penalties as prescribed by the New York State Harness Racing Commission rules and regulations. Any repetitive offense will result in a suspension and or revocation of your NYSR&WB license. Stipulation of Settlement, 7/16/2008, Rick Goodell: WHEREAS, the Presiding Judge at Yonkers Raceway (“Presiding Judge”) fined Michael Sorentino (“respondent”) two thousand five hundred dollars ($2,500) for ungentlemanly conduct, use of improper language, and abuse of an official, appointee, representative, and/or employee of the Board, to wit, respondent’s alleged display of temper towards the Presiding Judge, including threats, belligerence, and profanity, on December 17, 2007, in violation of 9(E) NYCRR §§ 4119.1, 4119.2, and/or 4105.6; WHEREAS, respondent timely appealed the ruling to exercise his right to a de novo hearing to review the allegations against him, posted his $2500 fine as required by Rule, and was served with a Notice of Hearing (YR 165/07); and WHEREAS, no person who is party to this proceeding is an infant or incompetent person for whom a committee has been appointed; NOW, upon the mutual promises and considerations set forth in this agreement, the parties agree to settle this matter as follows: 1. Respondent hereby withdraws, with prejudice, his right to a hearing of charge in the aforesaid Notice of Hearing (YR 165/07), and further waives review of the Board determination herein by Article 78 or any other action or proceeding; 2. Respondent understands that the basis for the disposition of his appeal is the aforesaid ruling made by the Presiding Judge; 3. Respondent agrees that his penalty for the above matter shall be a reduced fine of seven hundred fifty dollars ($750) and his written expression of apology or regret to the Presiding Judge, which shall be completed within 30 days of the execution of this document and upon the completion of which the Board shall apply $750 of his posted $2500 and promptly return the $1750 balance to respondent; 4. Respondent waives his right to bring a judicial challenge to any of the actions of the New York State Racing and Wagering Board, its members, agents, or employees, with respect to this matter, in any state or federal court or other forum. 5. Respondent has read all of the above conditions and understands and agrees to comply with these conditions. Respondent understands that his future participation in racing is conditioned upon his compliance with this agreement. 6. This Stipulation of Settlement represents the full, final and complete resolution of this matter, and may be individually executed and read collectively as though each party had signed the same original.
Fined: $750.00

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