Gaming Commission Rulings Database
| Licensee: CODY J. AUTREY |
| Licensed As: TRAINER |
| Notice Number: AQ 23-2010 |
| Racing Type: Thoroughbred |
| Track: Aqueduct Racetrack (NYRA) |
| Notice Date: 03/03/2010 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4043.2 4043.4 4043.5 4012.1 (c) 4022.12 4022.13 |
| Ruling Text: You are hereby suspended 30 days March 3, 2010 through April 1, 2010 inclusive and fined $1000.00 for the finding of the drug Clenbuterol in the post race samples of horse Geno Green who finished 2nd in the 1st race at Aqueduct Racetrack on December 26, 2009. This drug was administered in violation of New York Racing and Wagering Board rules 4043.2 and 4043.4. Said horse is hereby disqualified and unplaced in the order of finish. Ordered that during your suspension, you shall not directly or indirectly participate in New York State pari-mutuel racing, you are denied the privileges and use of all racetracks, and you are forbidden to participate in any share of the purses or other payments. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York, further, that is (a) owned or trained by you, or any individual who serves as your agent or employee during your suspension; or (b) for which you during your suspension are 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 other wise assist with any aspect of the training of the horse. Amended STIPULATION, September 30, 2010, Rick Goodell: WHEREAS, respondent timely appealed the ruling (AQ 23-2010); on September 30, 2010 the parties reached an agreement that respondent would withdraw his appeal, pay his fine, and begin his suspension on October 1, 2010; WHEREAS, no person who is party to this proceeding is an infant or incompetent person for whom a committee has been appointed; NOW, upon the mutual promises and considerations set forth in this Agreement, the parties agree to settle this matter as follows: 1. The Board and Cody Autrey hereby agree to the disposition of his pending matter as set forth herein; 2. Cody Autrey withdraws his appeal and understands that he is being penalized as set forth herein, including with a fine and a suspension of his occupational license(s) to participate in pari-mutuel racing, because the horse “Geno Green," trained by him and participating in the 1st race race at Aqueduct Race Course on December 26, 2009, had been administered clenbuterol within 96 hours of the scheduled post time of its race, in violation of 9 NYCRR §§ 4043.2(g)(5) and 4043.4. 3. 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 30 days, to wit, from October 1 to October 30, 2010, inclusive. 4. Respondent agrees that during his period of suspension, 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. 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, during his suspension; or (b) for which he during his suspension is involved, directly or indirectly, with its training, including any arrangement 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 part of its racing or training. 5. Respondent understands and agrees that he shall be ineligible to participate in racing unless and until his fine is paid; and that failure to pay within 30 days, i.e., by his delinquency date of October 30, will result in the assessment of interest and/or a late payment charge and may result in other collection charges. 6. 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 this matters, in any state or federal court or other forum. 7. Respondent has read all of the above conditions and understands and agrees to comply with these conditions. He understands that his participation in racing is conditioned upon his compliance with this agreement. 8. This Settlement Agreement 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. |
| Suspended: 10/01/2010 to 10/30/2010 (30 days) |
| Fined: $1000.00 |
Note that the above data is current as of 10:11 AM EDT, Saturday, April 20, 2024 and subject to change as more information becomes available.
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