Gaming Commission Rulings Database
| Licensee: ROBERT W. SUMNER |
| Licensed As: OWNER-TRAINER-DRIVER |
| Notice Number: YR 32-2008 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 03/07/2008 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.4, 4120.13, |
| Ruling Text: As trainer of record of Arts Matt Jesty that raced in the 11th race on 2/23/2008 finishing 2nd, the horse's TCO2 level at that time exceeded the acceptable level set forth in the above rules. This is a second violation of the above rules, during the period of your fine and suspension you are denied the privileges of all grounds subject to the jurisdiction of the NYSR&WB during the suspension period no horses owned, trained, or driven by you shall be allowed to participate at any track conducting pari-mutuel racing. FINDING AND ORDER 1/26/2009 Gail Pronti affirmed ...see MO 208- 2008 The Presiding Judge at Yonkers Raceway having imposed for respondent Robert W. Sumner a fine of one thousand ($1000) and an occupational license suspension of 60 days, and another fine of two thousand five hundred dollars ($2500) and suspension of 75 days, because respondent trained horses that competed with excess pre-race TCO2 levels at Yonkers Raceway on February 4 (“Sporty Nate”) and February 23 (“Arts Mattjesty”) in 2008, respectively, in violation of 9 NYCRR §§ 4120.13 and 4120.4; respondent having timely appealed the decisions to the Racing and Wagering Board; respondent also having been ordered to show cause why he should not be fined, suspended, revoked, and/or excluded from New York State tracks for an additional such violation at Yonkers Raceway by the horse “Arts Mattjesty” on April 5, 2008, and because of his improper character, fitness, and conduct in violation of Racing Law § 309(2) and 9 NYCRR §§ 4119.7(b) and 4119.8; respondent having received proper notice and having participated by his attorney Chris Wittstruck in appeal hearings conducted on May 28 and August 12-13, 2008; and the Hearing Officer having filed his Report on December 18, 2008, which is attached hereto and incorporated herein; the Board, after due deliberation, hereby adopts the Hearing Officer’s findings of fact and conclusions of law except as noted herein; THEREFORE, upon the record, the Report of the Hearing Officer and the findings and conclusions adopted herein, it is hereby; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway that respondent Robert W. Sumner, as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that, the non-lasix horse "Sport Nate,” trained by him and racing at Yonkers Raceway on February 4, 2008, had a pre-race TCO2 level of 37 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 his owner/trainer license, is affirmed; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway that respondent Robert W. Sumner, as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that, the non-lasix horse “Arts Mattjesty,” trained by him and racing at Yonkers Raceway on February 23, 2008, had a pre-race TCO2 level of 37 millimoles per liter or more, is affirmed; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway to impose, for his February 23, 2008 violation, an additional fine of two thousand five hundred dollars ($2500) and a consecutive 75 day license suspension of respondent’s owner/trainer license, is affirmed; ORDERED, that respondent Robert W. Sumner, as responsible trainer, also violated 9 NYCRR §§ 4120. 13 and 4120.4, in that, the non-lasix horse “Arts Mattjesty,” trained by him and racing at Yonkers Raceway on April 5, 2008, had a pre-race TCO2 level of 37 millimoles per liter or more; ORDERED, that for his April 5, 2008 violation, respondent Robert W. Sumner is fined Five Thousand Dollars ($5000) -- which the Board determines is the applicable maximum amount -- and his occupational licenses to participate in pari-mutuel racing are hereby revoked (concurrent with his suspensions), and further that, based on his lengthy history of racing rule violations and the egregious nature of his rapid and serious instant violations, he is declared ineligible to reapply for five (5) years, to wit, until January 26, 2014; ORDERED, that respondent Robert W. Sumner’s license revocation and suspensions shall take effect immediately; ORDERED, that during the period of his revocation and/or suspensions, respondent Robert W. Sumner 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 revocation and/or suspensions; or (b) for which he, during his revocation and/or suspensions, 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); ORDERED, that the Board further finds and concludes that, based on the foregoing, respondent Robert W. Sumner’s character, fitness, and conduct are improper and detrimental to the best interests of harness racing; and the Board hereby requests that all New York pari-mutuel racetracks take immediate steps by whatever means are reasonably required to expel and exclude him as a licensee, participant, and patron from their grounds; pursuant to Racing Law § 309(2) and 9 NYCRR §§ 4119.7(b) and 4119.8. 01/30/2009 Penalties are stayed pending his Article 78. ORDER OF SUSPENSION, 5/14/2010; Gail Pronti: ORDERED, that respondent Robert W. Sumner’s license revocation and suspensions shall take effect immediately and he is declared ineligible to reapply until May 14, 2015; and it is hereby further ORDERED, that during the period of his revocation and/or suspensions, respondent Robert W. Sumner 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 revocation and/or suspensions; or (b) for which he, during his revocation and/or suspensions, 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); and it is hereby further ORDERED, that the Board finds and concludes that, based on the foregoing, respondent Robert W. Sumner’s character, fitness, and conduct are improper and detrimental to the best interests of harness racing; and the Board hereby requests that all New York pari-mutuel racetracks take immediate steps by whatever means are reasonably required to expel and exclude him as a licensee, participant, and patron from their grounds; pursuant to Racing Law § 309(2) and 9 NYCRR §§ 4119.7(b) and 4119.8. |
| Suspended: 05/14/2010 to 05/14/2015 ( days) |
| Fined: $2500.00 |
Note that the above data is current as of 11:39 PM EDT, Thursday, April 18, 2024 and subject to change as more information becomes available.
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