Gaming Commission Rulings Database
| Licensee: TIMOTHY D. CASE |
| Licensed As: TRAINER |
| Notice Number: MO 182-2008 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 04/03/2008 |
| Status: CLOSED |
| Ruling Type: Revocation |
| Rule(s): 4119.7(b), 4119.8, 4120.13, 4120.4, 4120.13 |
| Ruling Text: PLEASE TAKE NOTICE that the occupational license(s) of Timothy D. Case to participate in pari-mutuel harness racing as a trainer or otherwise are hereby SUSPENDED IMMEDIATELY pending the disposition by the Board of the scheduled hearing before the New York State Racing and Wagering Board or, if you refuse such hearing or default in appearing, SUSPENDED until such time as the Board in its discretion takes further action, including fine, exclusion from racetracks, license suspension, revocation, refusal to license, or other action. YOU ARE FURTHER NOTIFIED that a hearing in this matter will be held at 11:00 a.m. on Tuesday, April 8, 2008, at Board offices located at One Broadway Center, Suite 600, Schenectady, New York, at which time you may be represented by counsel and present evidence and arguments on your own behalf. This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”) §§ 309 and 321; 9(E) NYCRR §§ 4119.7(b), 4119.8, 4120.13, and 4120.4; and/or State Administrative Procedure Act (“SAPA”) § 401, upon a finding of the Board that the public safety and welfare imperatively require this emergency action in that your continued participation in racing is a potential cause of civil unrest and public harm and further could result in an impairment of the public's confidence in pari-mutuel racing in New York State and have an adverse affect upon substantial State and public revenues and revenues to the industry in general generated by pari-mutuel racing, in that, under the present circumstances you lack the general character and fitness for continued participation in pari-mutuel racing and your continued participation in pari-mutuel racing is presently inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, based upon the circumstances and charges stated more particularly as follows: On November 29, 2007, the horse " Fox Valley Lovebug," trained by you and entered to race at Yonkers Raceway that day, had a pre-race total carbon dioxide (“TCO2”) level of 39 millimoles per liter (“mml/L”) or more, in violation of 9 NYCRR §§ 4120.13 and 4120.4. On February 12, 2008, the non-lasix horse " R U Bartlett," trained by you and entered to race at Monticello Raceway that day, had a pre-race TCO2 level of 37 millimoles per liter or more, in violation of 9 NYCRR §§ 4120.13 and 4120.4. You have a persistent record of equine-drug and other serious violations of Board rules. Your record includes (i) suspensions of 260 days and fines of $9,250 from July 2000 to October 2004; (ii) a fine of $250 by the Pennsylvania Harness Racing Commission because a horse you trained on November 3, 2006 at Pocono Downs failed pre-race blood gas analyzer tests and was scratched; and (ii) the two (2) aforesaid TCO2 violations of November 2007 and February 2008, with minimum mandatory suspensions of 440 days (75 days plus one year) and fines of $7,500. The equine drugging are stated here: Date Drug Suspension Fine Case No. Conclusion 02/12/08 TCO2 Referred $5000 MR 20/08 referral pending 11/29/07 TCO2 75 days $2500 YR 24/08 appeal pending 11/03/07 blood gas $ 250 (PA) 10/08/04 bumetanide 90 days $3000 YR 31/05 no appeal 07/09/04 cyclobenzaprine “ “ “ “ 08/04/03 mepivicaine 45 days $1000 YR 159/03 no appeal 03/07/03 lasix overage $ 250 YR 39/03 no appeal 03/20/02 unstated PRP 75 days $1000 (NJ) 03/09/01 drug cocktail $ 250 (NJ) 08/20/00 unstated PRP 30 days $3500 (PA) 07/18/00 atropine 20 days $ 250 YR 179/00 stipulated The disposition of the pending matters may result in the revocation or suspension of your license, your exclusion from all racetracks in New York State, and/or the imposition of fines. YOU ARE FURTHER NOTIFIED that the hearing will be conducted pursuant to Racing Law § 321, Article 3 of SAPA, and 9(E) NYCRR, Part 5402. You are advised that you may be represented by counsel, cross-examine witnesses, and present evidence and arguments on your own behalf. Interpreter services will be made available to deaf persons at no charge but should be requested in writing at least one week before the hearing date. PLEASE TAKE FURTHER NOTICE that the hearing may be adjourned at the discretion of the hearing officer for good cause shown upon the request of any party. Adjournments on consent of all parties are subject to the approval of the hearing officer. To request an adjournment, you should immediately contact the office of Counsel at (518) 395-5400, ext. 1402. If you do not appear or are not represented at the hearing and have not obtained an adjournment, the hearing will take place as scheduled and a decision on the charges will be made. This decision may result in the revocation or suspension of your license and the denial of any pending applications. FINDING AND ORDER, 1/26/2009. Gail Pronti, 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. 1/30/2009 Sullivan County Supreme Court stayed the most recent Board penalties (attached, MO 182/08), until he concludes his article 78 proceedings |
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