Gaming Commission Rulings Database
| Licensee: KEITH J. KASH JR |
| Licensed As: TRAINER |
| Notice Number: BR 50-2008 |
| Racing Type: Harness |
| Track: Buffalo Raceway |
| Notice Date: 06/20/2008 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.4; 4120.5; 4120.13 (D); and 4120.14 (A) |
| Ruling Text: The horse "Mercedes Killean" trained by you, raced on April 30, 2008. Pre-race blood test results indicate that the TCO2 level in the serum of the horse exceeded the maximum amount allowed for a horse that was administered lasix (39 millimoles/liter) pursuant to Rule 4120.2 (B)(6). Per your request, the horse was placed in the guarded quarantine program, in an effort to prove that its physiologically normal TCO2 level is high. The horse was placed in quarantine quarters on May 15, 2008, and was released on May 18, 2008. After receiving the results from the periodic testing during quarantine, I have determined that the results, along with the horse's past history and the extraordinary events that occurred during the quarantine do not support your assertion that the horse's reported TCO2 level was physiologically normal. I have disqualified the horse from the race, however, because the horse finished in sixth place a purse re-distribution was not necessary. Pre-race detention shall be imposed for this horse. During this period of suspension you are denied the privileges of the grounds, and no horses owned, trained, or driven by you or your agents shall be allowed to participate at any race track in New York State conducting pari-mutual wagering. FINDING AND ORDER, 1/27/2009, Gail Pronti, ORDERED, that the Decision of the Presiding Judge at Buffalo Raceway that respondent Keith J. Kash, Jr. as responsible trainer violated 9 NYCRR §§ 4120. 13 and 4120.4, in that, the horse “Mercedes Killean,” trained by him and racing at Buffalo Raceway on April 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 Buffalo 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 Keith J. Kash, Jr., is affirmed; ORDERED, that the Decision of the Presiding Judge at Buffalo Raceway that respondent Keith J. Kash, Jr. tampered with the TCO2 quarantine of “Mercedes Killean,” with the intent to cause the test results to misrepresent the physiologically normal TCO2 level of such horse, in violation of Rules 4120.15, 4119.7(a)(3, 5), and 4120.13(b), is affirmed; ORDERED, that the Board finds and concludes that such tampering with evidence during the process by which Board rules may be enforced is very serious misconduct that warrants more stringent penalties; ORDERED, that for his tampering violation, respondent Keith J. Kash, Jr. is fined one thousand dollars ($1000) and the Board, based on the foregoing, determines further that his occupational licenses to participate in pari-mutuel racing are hereby suspended for a period of one year, concurrent with his TCO2 suspension; and ORDERED, that the suspensions of respondent Keith J. Kash, Jr. shall be effective at the discretion of the Presiding Judge at the New York track where respondent participates and that, during the period of his suspensions, he 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 suspensions; or (b) for which he during his suspensions 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, 2/05/2009, Rick Goodell, NOW, upon the mutual promises and considerations set forth in this Agreement, the parties stipulate and agree as follows: 1. Mr. Kash 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. Kash 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. Kash 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. Kash until March 2, 2009, and further agrees not to oppose a request made by Mr. Kash 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. Kash 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. Kash 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. Kash’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. Kash 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 BOARD ORDER, March 11, 2010, Gail Pronti: ORDERED, that the Decision of the Presiding Judge at Buffalo Raceway that respondent Keith J. Kash, Jr. as responsible trainer violated 9 NYCRR §§ 4120. 13 and 4120.4, in that, the horse “Mercedes Killean,” trained by him and racing at Buffalo Raceway on April 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 Buffalo 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 Keith J. Kash, Jr., is affirmed; ORDERED, that the Decision of the Presiding Judge at Buffalo Raceway that respondent Keith J. Kash, Jr. tampered with the TCO2 quarantine of “Mercedes Killean,” with the intent to cause the test results to misrepresent the physiologically normal TCO2 level of such horse, in violation of Rules 4120.15, 4119.7(a)(3, 5), and 4120.13(b), is affirmed; ORDERED, that the Board finds and concludes that such tampering with evidence during the process by which Board rules may be enforced is very serious misconduct that warrants more stringent penalties; ORDERED, that for his tampering violation, respondent Keith J. Kash, Jr. is fined one thousand dollars ($1000) and the Board, based on the foregoing, determines further that his occupational licenses to participate in pari-mutuel racing are hereby suspended for a period of one year, concurrent with his TCO2 suspension; and ORDERED, that the concurrent suspensions of respondent Keith J. Kash, Jr. have commenced on February 19, 2010 and that, during the period while he is suspended, he 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 suspensions; or (b) for which he during his suspensions 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. |
| Suspended: 02/19/2010 to 02/18/2011 (365 days) |
| Fined: $1000.00 |
Note that the above data is current as of 6:21 AM EDT, Thursday, April 25, 2024 and subject to change as more information becomes available.
The New York State Gaming Commission takes reasonable measures to ensure that the data and information on this website is accurate and current. However, the Commission makes no express or implied warranty regarding this information or data and expressly disclaims all legal liability and responsibility to persons or entities who use or access this website and its content.