Gaming Commission Rulings Database
| Licensee: FRANK MARTIN |
| Licensed As: TRAINER |
| Notice Number: MO 134-2010 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 03/29/2010 |
| Status: CLOSED |
| Ruling Type: Order Issued |
| Rule(s): 4002.8 4002.9 (a) 4002.19 |
| Ruling Text: YOU ARE HEREBY ORDERED TO SHOW CAUSE, before the New York State Racing and Wagering Board at its main office located at One Broadway Center, Schenectady, New York on Wednesday, April 14, 2010 at 9:00 A.M., why your license to participate as a trainer in pari-mutuel thoroughbred racing should not be suspended or revoked pursuant to Section 220, subdivision 2 of the Racing, Pari-Mutuel Wagering and Breeding Law and the Rules and Regulations of the New York State Racing and Wagering Board, 9E NYCRR §§4002.8, 4002.9(a) and 4002.19 . 1.The New York State Department of Labor has determined that you violated §§652 and 661 of the Labor Law of the State of New York in that you failed to comply with the wage and hour laws for your employees at the Belmont Park Racetrack. STIPULATION 5/24/2010, William Sekellick: 1.The New York State Department of Labor (hereafter DOL) has determined that he had violated §§652 and 661 of the Labor Law of the State of New York in that he failed to comply with the wage and hour laws for his employees at the Belmont Park Racetrack. By reason of the violation, a judgment dated January 28, 2010 has been entered against him in Nassau County in the amount of $36,695.92 in favor of the Commissioner of Labor, consisting of $16,571.36 in wages, $4,195.04 in pre-judgment interest, and a civil penalty in the amount of $15,928.52; and 2. He has an outstanding Federal tax lien for $16,804.00 filed in Nassau County on August 8, 2005, and WHEREAS Frank Martin has presented satisfactory evidence that the above matters have been resolved as follows: 1. He has agreed with the DOL to pay the amount of $500.00 per month, until the judgment with interest at 9 per cent is paid in full., and 2. The Internal Revenue Service has agreed to suspend collection of the unpaid tax lien; It is hereby STIPULATED that this matter shall be withdrawn upon the condition that Frank Martin keep his agreement to pay the DOL as stated above; And it is further STIPULATED that in the event that Frank Martin defaults in his payments to the DOL, as stated above, he shall surrender his license, which shall be and remain suspended until he complies with the DOL payment agreement or pays the DOL judgment in full. And it is further, STIPULATED that the Racing and Wagering Board reserves the right to suspend or revoke Frank Martin’s license for violation of the Racing, Pari-Mutuel Wagering and Breeding Law or the Board’s rules and regulations, including his failure to comply with this Stipulation, accumulation of other unpaid obligations or otherwise demonstrate financial irresponsibility. |
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