Gaming Commission Rulings Database
| Licensee: LOUIS O. PASCIUTI |
| Licensed As: GROOM |
| Notice Number: TD 64-2008 |
| Racing Type: Harness |
| Track: Tioga Downs |
| Notice Date: 09/17/2008 |
| Status: CLOSED |
| Ruling Type: Suspension |
| Rule(s): 4116.11 4119.9(a) |
| Ruling Text: During the period of suspension , no horses trained by you,you agents, or employees shall participate in pari-mutuel horse racing and you are prohibited from participating in racing directly or indirectly during this period. You are denied the privileges of the grounds at any New York racetrack during the period of suspension. As the groom of the horse SILVER FLASH and employee of the trainer, your license is suspended for thirty (30) days, for violation of Board Rules 4116.11 and 4119.9(a) based on your role in the incident in the 11'th race August 10, 2008 at Tioga Downs when the horse ALWAYS LUCKY K was raced in place of the programmed horse, SILVER FLASH. STIPULATION OF SETTLEMENT, 1/12/2009, Rick Goodell: 1. Louis O. Pasciuti hereby agrees that his actions and/or omissions constituted a violation of 9 NYCRR §§ 4116.11 and 4119.9(a) for, as groom, having raced “Always Lucky K” instead of the programmed horse, “Silver Flash, in the 11th race at Tioga Downs on August 10, 2008; 2. Louis O. Pasciuti hereby withdraws his appeal of Ruling TD 64/08 of the Tioga Downs Presiding Judge, and the Board agrees that his admission and withdrawal of his appeal shall constitute a full and final resolution of all charges pending against him in proceedings known as TD 64/08 or MO 386/08. 3. The Board withdraws and discontinues its allegations added by Order to Show Cause dated October 24, 2008, all of which rest upon the same underlying conduct as his alleged violation of 9 NYCRR §§ 4116.11 and 4119.9(a) for having raced “Always Lucky K” instead of the programmed horse, “Silver Flash, in the 11th race at Tioga Downs on August 10, 2008; 4. Louis O. Pasciuti understands that his license to participate in pari-mutuel racing is being penalized, as a result of the foregoing rule violation, with a suspension for a period of 15 calendar days, from January 15 to January 29, 2009 (inclusive); 5. Louis O. Pasciuti agrees that during the period of suspension, he shall not directly or indirectly participate in New York State pari-mutuel horse racing and is denied the privileges and use of the grounds of all racetracks; 6. Louis O. Pasciuti waives his right to bring any judicial challenge to any of the actions of the Board, its members, agents, or employees, with respect to these matters, in any state or federal court or other forum, and to any further administrative proceeding. 7. Louis O. Pasciuti has read all of the above conditions and understands and agrees to comply with these conditions. He understands that his future participation in racing is conditioned upon his compliance with this agreement. 8. This Stipulation of Settlement represents the full, final and complete resolution of this matter, and may be individually executed and read collectively as though each party had signed the same original. |
| Suspended: 01/15/2009 to 01/29/2009 (15 days) |
Note that the above data is current as of 10:55 AM EDT, Wednesday, April 24, 2024 and subject to change as more information becomes available.
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