Gaming Commission

Gaming Commission Rulings Database

Licensee: DAVID A. FLANIGEN
Licensed As: GROOM
Notice Number: MO 206-2009
Racing Type: Harness
Track: Main Office
Notice Date: 05/08/2009
Status: CLOSED
Ruling Type: Denial
Rule(s):
Ruling Text: AFTER CAREFUL CONSIDERATION, YOU ARE HEREBY NOTIFIED THAT THE BOARD REFUSES TO ISSUE YOU A LICENSE TO PARTICIPATE IN RACING IN THE STATE OF NEW YORK, FOR WHICH YOU APPLIED ON 3/20/09, RECEIPT# MO 1284125, FOR THE FOLLOWING REASON: YOUR EXPERIENCE, CHARACTER AND GENERAL FITNESS ARE SUCH THAT YOUR PARTICIPATION IN RACING OR RELATED ACTIVITIES WOULD BE INCONSISTENT WITH THE PUBLIC INTEREST,CONVENIENCE OR NECESSITY, OR WITH THE BEST INTERESTS OF RACING GENERALLY. FINDING AND ORDER, December 15, 2009, Gail Pronti: ORDERED, that the appeal of respondent David A. Flanigen is deemed withdrawn pursuant to 9 NYCRR 5403.3(b)(1)(vii) because, despite having had sufficient notice, he defaulted and failed to appear at his appeal hearing; and ORDERED, that the decision to refuse to issue David A. Flanigen a license to participate in harness race meets in the State of New York, because his experience, character and general fitness are such that his participation in racing and related activities would be inconsistent with the public interest, convenience, or necessity, or with the best interests of racing generally, in violation of Racing, Pari-Mutuel Wagering and Breeding Law § 309(2) and 9 NYCRR 4119.7(b), is affirmed.

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