Gaming Commission Rulings Database
| Licensee: TIMOTHY D. CASE |
| Licensed As: TRAINER |
| Notice Number: YR 24-2008 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 02/16/2008 |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.4, 4120.13 |
| Ruling Text: As Trainer of Record of #3(Fox Valley Lovebug) that raced in the 7th race on 11/29/2007. 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 NYSR&WB during the suspension period. FINDING AND ORDER, MO 2008-182, 1/26/2009 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 “Fox Valley Lovebug” on November 29, 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 on November 29, 2007, Timothy D. Case, as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that, the horse “Fox Valley Lovebug," trained by him, competed at Yonkers Raceway with a pre-race TCO2 level of 39 millimoles per liter; ORDERED, that the Board imposes for this violation a fine of two thousand five hundred dollars ($2500) and a 75 day suspension of respondent Timothy D. Case’s occupational licenses (Superceded by Notice of Suspension & Hearing (MO 182 - 2008) dated 4-3-2008 (NSH added another TCO2 charge, that "R H Bartlett" on 2/12/2008 at MR was positive). The Summary Suspension was stayed by Sullivan Sup Ct, April 2008) (The Board on 1/26/2009 upheld YR 24 - 2008 and imposed a $2,500.00 fine and 75 day suspension. The Board also found he violated 4120.13 & 4120.4 with "R U Bartlett" and imposed $5,000.00 fine & 5 year revocation.) 1/30/2009 Sullivan County Supreme Court stayed the most recent Board penalties (attached, MO 182/08), until he concludes his article 78 proceedings |
| Suspended: to (75 days) |
| Fined: $2500.00 |
Note that the above data is current as of 1:04 AM EDT, Saturday, April 27, 2024 and subject to change as more information becomes available.
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