Gaming Commission Rulings Database
| Licensee: DAVID L. SPAGNOLA |
| Licensed As: OWNER-TRAINER |
| Notice Number: SR 20-2008 |
| Racing Type: Harness |
| Track: Saratoga Gaming & Raceway |
| Notice Date: 04/27/2008 |
| Status: CLOSED |
| Ruling Type: Order Issued |
| Rule(s): 4120.13 |
| Ruling Text: The horse (Dirt Cheap N) trained by you raced on 3/30/08 and the pre-race blood sample results indicated a level equaling or exceeding the TCO2 threshold level of 39 millimoles per liter (rule 4120.13) for a horse administered furosemide pursuant to Rule 4120.2 (b)(6). After the request was granted to place the horse under guarded quarantine, the horse was placed under guarded quarantine from 4/10/08-4/13/08 (not exceeding 72 hours). After receiving the results of periodic testing during quarantine, the results did not support that the horse's reported pre-race TC02 level was physiologically normal. The horse is disqualified from the 5th place finish and all purse money earned from that race is to be returned. During respondent's period of suspension, he shall not participate in New York State pari-mutuel horse racing, directly or indirectly, he shall be denied the privileges and use of the grounds of New York State racetracks, and he shall be forbidden to participate in any share of purses. Every horse shall not participate in pari-mutuel racing and is denied the privileges of the grounds (i) that is owned or trained by respondent, or by those employees or agents who continue to serve as his or her agents or employees during such period of suspension, or (ii) for which respondent is making arrangements with any owner, directly or indirectly, to care for, train, enter in races, invoice, collect fees or other payments, employ workers, or otherwise handle the horse. This shall not preclude agents or employees of respondent, who are not serving as such during the period of his or her suspension, from participating in pari-mutuel racing as owners, trainers, and grooms, as long as they are licensed and perform those duties consistent with the rules and regulations of the State of New York. FINDING AND ORDER, 1/27/2009, Gail Pronti, ORDERED, that the Decision of the Presiding Judge at Saratoga Raceway that respondent David A. Spagnola as responsible trainer violated 9 NYCRR §§ 4120. 13 and 4120.4, in that, the horse “Dirt Cheap N,” trained by him and racing at Saratoga Raceway on March 30, 2008, had a pre-race TCO2 level of 39 millimoles per liter or more, is affirmed; ORDERED, that the Decision of the Presiding Judge at Saratoga 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 David A. Spagnola, is affirmed; and ORDERED, that the suspension of respondent David A. Spagnola shall be effective at the discretion of the Presiding Judge at the New York track where respondent participates and that, during period of his suspension, he shall not directly or indirectly participate in New York State 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 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 training of the horse. 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. Spagnola 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. Spagnola 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. Spagnola 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. Spagnola until March 2, 2009, and further agrees not to oppose a request made by Mr. Spagnola 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. Spagnola 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. Spagnola 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. Spagnola’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. Spagnola 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 May 14, 2010: Article 78 EXPIRED: Court Ordered that SUSPENSION [60 days] shall be effective at the discretion of the Presiding Judge at the New York track where respondent participates. June 4, 2010: Per Board Counsel agrees to a short administrative stay of the commencement of Mr. Spagnola’s suspension for a period of two weeks from its scheduled date of June 7, 2010. Please be advised that this stay will expire and his suspension shall commence on Tuesday, June 22, 2010. |
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