Gaming Commission Rulings Database
| Licensee: ROBERT H. MERTON JR |
| Licensed As: TRAINER |
| Notice Number: YR 51-2008 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 04/29/2008 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.4, 4120.13 |
| Ruling Text: As trainer of record of Art Of War that raced in the 9th race on 4/16/2008 finishing 7th, 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 your license is suspended for 75 days, you are ordered to pay two thousand five hundred dollars ($2,500.00) fine and be denied the privileges of all grounds subject to the jurisdiction of the NYSR&WB during the suspension period. During your period of suspension, you shall not directly or indirectly participate in New York State pari-mutuel horse racing, you shall be denied the privileges and use of the grounds of New York State racetracks, and you shall be forbidden to participate in any share of purses. Every horse shall be denied the privileges of the grounds and shall not participate in pari-mutuel racing (i) that is owned or trained by you during your period of suspension, (ii) that is owned or trained by any individual who continues to serve as your agent or employee during your period of suspension, or (iii) for which you directly or indirectly make or execute, during your period of suspension, any arrangement with an owner or other person to care for, train, enter in a race, invoice, collect fees or other payments related to, employ workers for, or otherwise handle. This shall not preclude your pre-suspension agents or employees, who are not serving as such during your suspension period, from participating in pari-mutuel racing as owners or trainers provided that they are duly licensed and perform their duties in compliance with the rules and regulations of the State of New York. FINDING AND ORDER, 7/23/2009, Gail Pronti: ORDERED, that the appeal of respondent Robert H. Merton, Jr. is deemed withdrawn pursuant to 9 NYCRR 5403.3(b)(1)(vii) because, despite having had sufficient notice, he defaulted and failed to appear at his appeal hearing; ORDERED, that the Decision of the Presiding Judge at Yonkers Raceway that respondent Robert H. Merton, Jr., as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that, on April 16, 2008, the horse "Art Of War," trained by him and racing at Yonkers Raceway that day, had a pre-race TCO2 level of 39 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 two thousand five hundred dollars ($2,500) and a 75 day suspension of the occupational license(s) of respondent Robert H. Merton, Jr., is affirmed; and ORDERED, that this suspension shall be effective at the discretion of the Presiding Judge at the New York track where respondent Robert H. Merton, Jr. participates and that, during the period of his suspension, respondent shall not directly or indirectly participate in New York pari-mutuel horse racing, he is denied the privileges and use of the grounds of all racetracks, and he is forbidden to participate in any share of purses or other payment. Every horse, further, that (a) is 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 arrangement 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 part of training), is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State. |
| Suspended: 08/05/2009 to 10/18/2009 (75 days) |
| Fined: $2500.00 |
Note that the above data is current as of 6:10 AM EDT, Friday, April 19, 2024 and subject to change as more information becomes available.
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