Gaming Commission Rulings Database
| Licensee: TIMOTHY D. CASE |
| Licensed As: TRAINER |
| Notice Number: MO 378-2009 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 09/25/2009 |
| Ruling Type: Revocation |
| Rule(s): 4120.16 [now 4120.13] 4120.4 |
| Ruling Text: Upon the Finding and Order of the New York State Racing and Wagering Board (“Board”) Mtr. of Timothy Case (MO 230-06) dated March 7, 2007; having been stayed by court order upon the filing of an article 78 petition denoted Mtr. of Timothy Case v. New York State Racing and Wagering Board; the court having confirmed and upheld the Board action on April 30, 2009 (see 61 A.D.3d 1313 (3rd Dep’t 2009)) and the Court of Appeals having denied petitioner’s motion for leave to appeal (Mo. No. 2009-786) on September 15, 2009; and petitioner having been duly served with a copy of the Court of Appeals’ decision and order with notice of entry and having by attorney acknowledged its service, it is hereby ORDERED, that the Board finds that the full range of known factors, apart from alkalizing agents, that may affect TCO2 levels in the horse on race day are part of the various horse population studies upon which the threshold levels are based; ORDERED, that on May 23, 2006 the horse "Famous Last Words," trained by respondent Timothy Case and entered to race at Monticello Raceway, had a pre-race TCO2 level of 39 millimoles per liter or more, not physiologically normal, a violation by respondent of 9 NYCRR 4120.16 [now 4120.13] and 4120.4; ORDERED, that the foregoing violation together with respondent’s history of Board rule violations, including multiple equine drug violations since 2000, establishes that his character and general fitness are unsuitable within the meaning of Racing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”) § 309(2) and 9 NYCRR 4119.7(b); ORDERED, that respondent Timothy Case’s occupational licenses to participate in pari-mutuel racing are hereby revoked, and he is declared ineligible to reapply for five (5) years, to wit, until September 26, 2014; and ORDERED, that while revoked by the Board, Timothy Case shall not directly or indirectly participate in New York State 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 that is (a) owned or trained by him, or any individual who serves as his agent or employee, during the revocation; or (b) for which Timothy Case during his revocation is involved, directly or indirectly, with its training (including any 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 the training of the horse); is denied the privileges of the grounds and shall not participate in pari-mutuel racing. |
Note that the above data is current as of 4:57 PM EDT, Thursday, April 25, 2024 and subject to change as more information becomes available.
The New York State Gaming Commission takes reasonable measures to ensure that the data and information on this website is accurate and current. However, the Commission makes no express or implied warranty regarding this information or data and expressly disclaims all legal liability and responsibility to persons or entities who use or access this website and its content.