Gaming Commission Rulings Database
| Licensee: PAUL N. FUSCO |
| Licensed As: TRAINER |
| Notice Number: YR 1-2009 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 03/06/2009 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.4 |
| Ruling Text: You were the trainer of record for the horse #6(PARAGON OF VIRTUE) in the 7th race finished 2nd raced on 8/06/2008 at Yonkers Raceway and tested positive for TRIPELENNAMINE . The horse is disqualified and placed 8th and all purse money earned is to be returned to Yonkers Raceway. During the period of suspension, you shall not directly or indirectly participate in New York State pari-mutuel horse racing, you will 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. In addition, 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 this period of suspension, (ii) that is owned or trained by any individual who continues to serve as your agent or employee during this period of suspension, or (iii) for which you directly or indirectly make or execute, during this 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. STIPULATION OF SETTLEMENT, Rick Goodell, March 4, 2009; NOW, upon the mutual promises and considerations set forth in this agreement, the parties agree to settle this matter as follows: 1. Respondent hereby withdraws, with prejudice, his right to a hearing of the aforesaid ruling and Notice of Hearing (YR 1/09), and further waives review of the Board determination herein by Article 78 or any other action or proceeding; 2. Respondent understands that he is being penalized for his misconduct as found in the Presiding Judge’s ruling, to wit, training a horse, “Paragon of Virtue,” that competed in the 7th race at Yonkers Raceway on August 6, 2008 within seventy-two(72) hours after tripelennamine had been administered to it, in violation of 9(E) NYCRR §§ 4120.2(f)and 4120.4; 3. Respondent agrees that his penalty for the above matter shall be a fine of two hundred fifty dollars ($250) and a suspension of his license for forty-five (45) days, which will be effective March 17, 2009 to April 30, 2009, inclusive; 4. Respondent agrees that during his period of suspension, he shall not directly or indirectly participate in New York State 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 by 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 any 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; 5. Respondent waives his right to bring a judicial challenge to any of the actions of the New York State Racing and Wagering Board, its members, agents, or employees, with respect to this matter, in any state or federal court or other forum. 6. Respondent has read all of the above conditions and understands and agrees to comply with these conditions. Respondent understands that his future participation in racing is conditioned upon his compliance with this agreement. 7. 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: 03/17/2009 to 04/24/2009 (45 days) |
| Fined: $250.00 |
Note that the above data is current as of 11:29 PM EDT, Wednesday, April 17, 2024 and subject to change as more information becomes available.
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