Gaming Commission Rulings Database
| Licensee: PAUL A. JESSOP |
| Licensed As: OWNER-TRAINER |
| Notice Number: YR 25-2010 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 04/01/2010 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.4, 4120.13 |
| Ruling Text: As Trainer of Record of #8(McDonna) that raced in the 7th race on 3/25/2010 finishing 6th, the horse's TCO2 level at that time exceeded the acceptable level as set forth in the above rules. For a first violation your license is suspended for 60 days, you are ordered to pay one thousand dollars ($1,000.00) fine and be denied the privileges of all grounds subject to the jurisdiction of the NYSR&WB during the suspension period. During your period of suspension, you shall not directly or indirectly participate in New York State pari-mutuel horse racing, you shall be denied the privileges and use of the grounds of New York State race tracks, and you shall be forbidden to participate in any share of purses. Every horse shall be denied the privileges of the grounds and shall not participate in pari-mutuel racing (i) that is owned or trained by you during your period of suspension, (ii) that is owned or trained by any individual who continues to serve as your agent or employee during your period of suspension, or (iii) for which you directly or indirectly make or execute, during your period of suspension, any arrangement with an owner or other person to care for, train, enter in a race, invoice, collect fees or other payments related to, employ workers for, or otherwise handle. This shall not preclude your pre-suspension agents or employees, who are not serving as such during your suspension period, from participating in pari-mutuel racing as owners or trainers provided that they are duly licensed and perform their duties in compliance with the rules and regulations of the State of New York. STIPULATION, February 3, 2011. Rick Goodell: 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 Paul A. Jessop hereby agree to the disposition of his pending matters as set forth herein. 2. Paul A. Jessop 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 a fine, because the non-lasix horse "McDonna," trained by him and racing on March 25, 2010 at Yonkers Raceway, 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. 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 60 days, to wit, from December 1, 2010 to January 29, 2011, inclusive. 4. The administrative stay of the order of the presiding judge at Yonkers Raceway that the horse “McDonna” shall be required to serve pre-race detention for six (6) months, pursuant to 9 NYCRR § 4120.14(a), which has been in effect pending respondent’s appeal, is also lifted and the pre-race detention period shall be from January 21 to July 20, 2011, inclusive. 5. 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. 6. 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 December 31, will result in the assessment of interest and/or a late payment charge and may result in other collection charges. The Board acknowledges that respondent has already paid this fine. 7. 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. 8. 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. 9. 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: 12/01/2010 to 01/29/2011 (60 days) |
| Fined: $1000.00 |
Note that the above data is current as of 12:49 PM EDT, Friday, April 26, 2024 and subject to change as more information becomes available.
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