Gaming Commission Rulings Database
| Licensee: RONALD L. CUSHING |
| Licensed As: OWNER-TRAINER-DRIVER |
| Notice Number: YR 27-2010 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 04/12/2010 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.2 (g) (6) |
| Ruling Text: Both horses trained by you: Island Zeeker, raced at Yonkers Raceway on August 31, 2009 in the 3rd race and finishing 2nd and Tsarina raced at Yonkers Raceway on September 18, 2009 in the 2nd race finishing 1st, raced while the drug detomidine was present in their system in violation of the above stated rule. Both horses have been disqualified and are required to return the purse money earned on these dates to be redistributed in both races. You are suspended from racing for 182 days or 91 days if you wave you right to appeal from April 25, 2010 through July 25, 2010. ORDERED, that during this period of suspension, respondent shall not directly or indirectly participate in New York State pari-mutuel horse racing, he shall be denied the privileges and use of the grounds of New York State race tracks, and shall be forbidden to participate in any share of purses. In addition, 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 respondent during his period of suspension, (ii) that is owned or trained by any individual who continues to serve as his agent or employee during his period of suspension, or (iii) for which he directly or indirectly makes or executes, during his 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. STIPULATION 1/21/2011. Rick Goodell: upon the mutual promises and considerations set forth in this Agreement, the parties agree to settle this matter as follows: 1. The Board and respondent Ronald L. Cushing hereby agree to the disposition of his pending matters as set forth herein; 2. Respondent 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 horses "Island Zeeker," trained by him and racing in the 3rd race on August 31, 2009 at Yonkers Raceway, and “Tsarina,” trained by him and racing in the 2nd race on September 18, 2009, had been administered the drug detomidine within 96 hours before the scheduled post time of their races in violation of 9 NYCRR §§ 4120.2(g)(6) and 4120.4. 3. Respondent agrees that he shall pay a total fine of two thousand five hundred dollars ($2,500) and his occupational license(s) to participate in pari-mutuel racing in New York State shall be suspended for 91 days, to wit, from November 29, 2010 to February 27, 2011, 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; and that 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 December 29, 2010 will result in the assessment of interest and/or a late payment charge and may result in other collection charges. The Board acknowledges respondent has already paid this fine. 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 these 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, shall be entered nunc pro tunc, and may be individually executed and read collectively as though each party had signed the same original. |
| Suspended: 11/29/2010 to 02/27/2011 (91 days) |
| Fined: $2500.00 |
Note that the above data is current as of 12:21 AM EDT, Saturday, April 27, 2024 and subject to change as more information becomes available.
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