Gaming Commission Rulings Database
| Licensee: JAMES W. PIONTEK |
| Licensed As: TRAINER-DRIVER |
| Notice Number: MR 29-2009 |
| Racing Type: Harness |
| Track: Monticello Raceway & Mighty M Gaming |
| Notice Date: 03/16/2009 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.13, 4120.4 |
| Ruling Text: As trainer of record of #5, "SUMMER MAGIC," who finished 8th in the 5th race at Monticello Raceway on 1/13/09, your horse's TC02 level exceeded the acceptable level, in violation of the above-stated rules. Having appeared before a representative of the Board and filed an appeal, and having paid your fine, your suspension is hereby stayed pending further action by the Board. FINDING AND ORDER, November 12, 2009, Gail Pronti: ORDERED, that the charge that respondent James Piontek, as responsible trainer, violated 9 NYCRR §§ 4120.13 and 4120.4, in that, the horse "Summer Magic,” trained by him and racing at Monticello Raceway on January 13, 2009 had a pre-race TCO2 level of 39 millimoles per liter or more, is affirmed; ORDERED, that the Board finds that the disciplinary history of respondent is such that a minimum mandatory penalty is sufficient, notwithstanding the high TCO2 reading; ORDERED, the Board hereby affirms, as the penalty for respondent’s violation of 9 NYCRR §§ 4120.13 and 4120.4, a fine of one thousand dollars ($1000) and a 60 day suspension of the occupational license(s) of respondent James Piontek; and ORDERED, that this suspension shall be effective at the discretion of the Presiding Judge at the New York track where respondent James Piontek participates and that, during the period of his suspension, respondent 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 State, further, that is (a) 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 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 horse’s training. You are hereby notified that this suspension shall be effective beginning January 2, 2010, for 60 days, ending March 2, 2010. Your fine having been paid on March 18, 2009, you will be eligible to participate on March 3, 2010. |
| Suspended: 01/02/2010 to 03/02/2010 (60 days) |
| Fined: $1000.00 |
Note that the above data is current as of 6:34 AM EDT, Thursday, April 25, 2024 and subject to change as more information becomes available.
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