Gaming Commission

Gaming Commission Rulings Database

Licensee: ALLAN P. MCCARTY
Licensed As: OWNER-TRAINER
Notice Number: BD 30-2009
Racing Type: Harness
Track: Batavia Downs
Notice Date: 10/01/2009
Status: CLOSED
Ruling Type: Fine & Suspension
Rule(s): 4120.13 4120.4
Ruling Text: As trainer of record of #2 manfromnantucket who finished 2nd in the 7th race at batavia downs on 9/25/09 your horse's TCO2 level exceeded the acceptable level, in violation of the above-stated rules. STIPULATION, February 23, 2010, Rick Goodell; Allan P. McCarty withdraws his appeal and understands that he is being penalized as set forth in detail herein, including with a suspension of his occupational license(s) to participate in pari-mutuel racing and fines, because the non-lasix horse " Manfromnantucket," trained by him and racing on September 25, 2009 at Batavia Downs, had a pre-race TCO2 level that day of 37 millimoles per liter or more, in violation of 9 NYCRR §§ 4120.13 and 4120.4. Respondent agrees that he shall pay a total fine of One Thousand Dollars ($1,000) and his occupational license(s) to participate in pari-mutuel racing in New York State shall be suspended for a period of 60 days, to wit, from January 19, 2010 to April 19, 2010, inclusive.
Suspended: 01/19/2010 to 03/20/2010 (60 days)
Fined: $1000.00

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