Gaming Commission Rulings Database
| Licensee: TYLER J. KOLACZYNSKI |
| Licensed As: OWNER RENEWAL |
| Notice Number: MO 269-2009 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 06/30/2009 |
| Status: CLOSED |
| Ruling Type: Denial |
| Rule(s): SEE RULES BELOW (Detailed Description) |
| 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 4/28/09, RECEIPT# MO 1286304, FOR THE FOLLOWING REASONS: 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. YOU HAVE VIOLATED RULES OF THE NEW YORK STATE RACING & WAGERING BOARD IN RELATION TO UNDISCLOSED AND UNLICENSED OPERATION OF YOUR STABLE. 4101.24 (2)(d) OCCUPATIONAL LICENSE 4102.5 FINANCIAL RESPONSIBILITY 4107.1 DISCLOSURE 4111.3 MISREPRESENTATION IN DECLARATION 4111.20 NOMINATOR'S GUARANTEE 4119.7 (a) (3,5) (b) (d) MISCONDUCT 4119.9 (a) PROHIBITED ACTS 4119.10 CONSPIRACY – INVOLVING VIOLATIONS OF 4101.24 (b) AND/OR 4107.2 (a) AND/OR 4107.5 AND/OR 4119.9(a). ORDER TO SHOW CAUSE, November 16, 2009, Gail Pronti: YOU ARE HEREBY ORDERED TO SHOW CAUSE before the New York State Racing and Wagering Board (the "Board") at the Board office located at One Broadway Center, Suite 600, Schenectady, New York, on Thursday and Friday, December 10 and 11, 2009, at 10:00 a.m., why the Board’s refusal of your license application to participate in pari-mutuel harness racing in New York State be should not be upheld; your horses disqualified and unplaced for fraud and misrepresentation associated with racing them; you should not be fined; and you should not be excluded from all New York State tracks whether as a licensee, participant, or patron whose conduct at a race track in New York or elsewhere has been improper, obnoxious, unbecoming, and detrimental to the best interests of racing; pursuant to Section 309(2) of the New York State Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") and the applicable Board Rules at 9(E) NYCRR STIPULATION OF SETTLEMENT 3/29/2010 Rick Goodell: , upon the mutual promises and considerations set forth in this Agreement, the parties agree to settle this matter as follows: 1. The Board and Tyler J. Kolaczynski hereby agree to the disposition of his pending matters as set forth herein; 2. Tyler J. Kolaczynski agrees that he entered and started horses, in over 150 races in New York state from 2008-09, as sole member of Wize Advisors, LLC, while another person was the primary operator of the stable, in violation of rules cited hereinabove, and withdraws his appeal of his license refusal; 3. Tyler J. Kolaczynski understands and agrees that, for his conduct in violation of the Board rules cited hereinabove, and he shall be penalized by, and shall pay to, the Board an aggregate fine of the Twenty Thousand Dollars ($20,000); 4. The Board agrees to dismiss, with prejudice, the disqualifications and unplacements of the horses registered to ownership by Wize Advisors, LLC that was imposed by the ruling of the presiding judge at Saratoga Raceway in Notice SR 49/09; 5. Tyler J. Kolaczynski hereby authorizes and directs that Saratoga Raceway pay on his behalf to the Board, from purse monies held by Saratoga Raceway and now otherwise due and owing to him and/or Wize Advisors, LLC pursuant to the terms of this stipulation, his fine of $20,000, and to remit the balance of the withheld purse monies to him. 6. Respondent agrees that, while he has no license issued by the Board, 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 related payment (except the aforesaid withheld-purses). Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by him, or by any individual who serves as his agent or employee, while he is unlicensed; or (b) for which, while he is unlicensed, he is involved, directly or indirectly, with its ownership or training, including any arrangement made to purchase, sell, lease, 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 its racing or training or ownership. 7. Respondent understands and agrees that he shall also be ineligible to participate in racing unless and until his fine is paid and that failure to pay on or before his delinquency date, namely within 30 days of the execution by the parties of this Stipulation of Settlement, will result in the assessment of interest and/or a late payment charge and may result in other collection charges; 8. The Board agrees that the violations, penalties, terms, and conditions set forth hereinabove constitute a full and complete disposition of all pending and known potential charges against respondent; 9. 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 these matters, in any state or federal court or other forum. 10. Respondent has read all of the above conditions and understands and agrees to comply with these conditions. He understands that he shall not be permitted to participate at any time in New York racing if he shall not have complied with this agreement. 11. This stipulation is a settlement agreement that represents the full, final and complete agreement between Respondent and Office of Board Counsel and resolution of this matter, and may be individually executed and read collectively as though each party had signed the same original. . |
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