Gaming Commission

Gaming Commission Rulings Database

Licensee: TIMOTHY D. CASE
Licensed As: None (Unknown)
Notice Number: MO 146-2008
Racing Type: Harness
Track: Main Office
Notice Date: 03/07/2008
Status: CLOSED
Ruling Type: Revocation
Rule(s): 4120.2 (d )( 13 ) 4120.4, 4119.7(b)
Ruling Text: ORDER TO SHOW CAUSE, Gail Pronti, March 10, 2008; Ordered to Show Cause why you should not be fined, your license to participate in pari-mutuel harness racing not be suspended or revoked and your not be excluded from all New York State tracks. (Reference YR 24-2008.) FINDING AND ORDER, 1/26/2008, MO 182 -2008, 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; ORDERED, that on February 12, 2008, respondent Timothy D. Case, as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that, the non-lasix horse "R U Bartlett," trained by him, competed at Monticello Raceway with a pre-race TCO2 level of 37 millimoles per liter; ORDERED, that the Board finds and concludes that respondent Timothy D. Case has an extensive history of equine-drug and other serious racing rule violations, including a pending license-revocation by the Board, that warrants enhanced penalties; ORDERED, that for his February 12, 2008 violation, respondent Timothy D. Case is fined Five Thousand Dollars ($5000) and the Board, based on the foregoing, determines further that his occupational licenses to participate in pari-mutuel racing are hereby revoked (concurrent with his suspension) and he is declared ineligible to reapply for five (5) years, to wit, until January 26, 2014; ORDERED, that respondent Timothy D. Case’s license revocation and suspension shall take effect immediately; ORDERED, that during the period of his revocation and/or suspension, respondent Timothy D. Case 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 revocation and/or suspension; or (b) for which he, during his revocation and/or 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); ORDERED, that the Board further finds and concludes that, based on the foregoing, respondent Timothy D. Case’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.

Note that the above data is current as of 9:57 AM EDT, Tuesday, April 23, 2024 and subject to change as more information becomes available.

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