Gaming Commission Rulings Database
| Licensee: JULIUS S. CZERMANN JR |
| Licensed As: TRAINER |
| Notice Number: YR 23-2008 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 02/15/2008 |
| Status: CLOSED |
| Ruling Type: Order Issued |
| Rule(s): 4120.4, 4120.13 |
| Ruling Text: As Trainer of Record of #5(Basil Hanover) that raced in the 9th race on 11/19/2007. The horse's TCO2 level at that time exceeded the acceptable level as set forth in the above rules. For a first violation your license is suspended for 60 days, you are ordered to pay one thousand dollars ($1,000.00) fine and be denied the privileges of all grounds subject to the jurisdiction of the Board during the suspension period. FINDING AND ORDER, 1/27/2009, Gail Pronti, ORDERED, that the Board finds and concludes that the hearing evidence established with a sufficient degree of probability that the reported finding of excess TCO2 in the pre-race blood sample taken from “Basil Hanover” on November 19, 2007 was valid, not a wrongful result from proximity to when the horse was administered lasix, in view of the scientific evidence and the allowance given by rule to horses that are administered lasix on race day; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway that respondent Julius S. Czermann, Jr., as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that, the horse "Basil Hanover,” trained by him and racing at Yonkers Raceway on November 19, 2007, had a pre-race TCO2 level of 39 millimoles per liter or more, is affirmed; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway to impose for this violation a fine of one thousand dollars ($1000) and a 60 day suspension of the occupational license(s) of respondent Julius S. Czermann, Jr., is affirmed; and ORDERED, that this suspension shall be effective at the discretion of the Presiding Judge at the New York track where respondent Julius S. Czermann, Jr. participates and that, during the period of his suspension, 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 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 horse’s training. ADMINISTRATIVE STAY STIPULATION, 02/05/2009, Rick Goodell, NOW, upon the mutual promises and considerations set forth in this Agreement, the parties stipulate and agree as follows: 1. Mr. Czermann 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. Czermann 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. Czermann 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. Czermann until March 2, 2009, and further agrees not to oppose a request made by Mr. Czermann 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. Czermann 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. Czermann 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. Czermann’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. Czermann 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 On 3/10/2010 per Rick Goodell: Czermann lost his court challenge and his motion for further appeal and time has expired for any other court action. |
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