Gaming Commission Rulings Database
| Licensee: THOMAS G. MILICI |
| Licensed As: OWNER-TRAINER |
| Notice Number: MO 252-2008 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 06/17/2008 |
| Status: CLOSED |
| Ruling Type: Revocation |
| Rule(s): 4102.1,102.3 4119.11 |
| Ruling Text: PLEASE TAKE NOTICE that your license to participate in pari-mutuel harness racing as an owner/trainer or otherwise is 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 but not limited to license suspension or revocation or refusal to license. PLEASE TAKE FURTHER NOTICE that a hearing in this matter will be held at 9:30 A.M. on Tuesday, June 24, 2008, at the Board offices located at One Broadway Center, Suite 600, Schenectady, New York, 12305 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 §§ 309.2 and 321; 9NYCRR §§ 4102.1, 4102.3 and 4119.11; and/or State Administrative Procedure Act § 401(3), upon a finding of the Board that the public safety and welfare imperatively require this emergency action due to the nature of the violation and the need to assure the integrity of the racing conducted, as well as the safety of the participants and to protect the public safety and welfare, based upon the circumstances and charges stated more particularly as follows: On June 1, 2008, you submitted a positive human drug test (HDT) for cocaine. The test report also showed a low creatinine level, indicating you may have attempted to dilute the sample. Your prior history includes the following violations: 1991 -License revocation in New Jersey- related to financial irresponsibility. 1992 -Suspension for failing to submit human drug test in NY. 1998 -New Jersey drug arrest that results in DWI conviction. 2002 -Delaware license denial- this involved a post race positive. 2004- $500 fine for betting triple on his own horse (NY). 2005- $500 fine for using unlicensed help (NY). 2005- Conviction for DWI (NY). 2006- Summary Suspension for attempted treatment of horse on race day (105 day suspension and fine) – NY. 1/22 and 1/23/2008- arrest for Assault/Criminal Contempt – this involved a domestic dispute and you have accepted an adjournment in contemplation of dismissal with a date of 2/27/09. You also have numerous lesser violations for post race positive, late to paddock, failed to receive Lasix and others. Your overall racing violation record, criminal record (including current ACOD arrests) and drug positive reflects character and fitness inconsistent with the best interests of racing. PLEASE TAKE FURTHER NOTICE that the hearing will be conducted pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 321, Article 3 of the State Administrative Procedure Act, and 9NYCRR, 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 William Sekellick, Assistant Counsel at (518) 395-5400 ext.1404. 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, January 29, 2010, Gail Pronti: ORDERED, that the Harness Racing license of Respondent, Thomas Milici, is revoked, and he is denied the privileges of the grounds whether as a patron or otherwise, of all pari-mutuel harness tracks in the State of New York. |
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