Gaming Commission Rulings Database
| Licensee: ERNEST G. PARAGALLO |
| Licensed As: None (Unknown) |
| Notice Number: MO 193-2010 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 05/18/2010 |
| Status: CLOSED |
| Ruling Type: Finding & Order |
| Rule(s): 4022.23,9 4022.13 4022.21 4002.9 (a) 4042.1(d) 4025.3 .4 .5 4026.2 (a,c) 4026.3 |
| Ruling Text: YOU ARE HEREBY ORDERED TO SHOW CAUSE, before the New York State Racing and Wagering Board (“Board”), at its main office at One Broadway Center, Suite 600, Schenectady, New York at 10:00 a.m. on June 24, 2010, whether, pursuant to §§ 220(2) and 250 of the Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law"), Article 3 of the State Administrative Procedure Act, 9 NYCRR § 4022.23, 9 NYCRR, Part 5402, and the applicable Board Rules: 1. You should be determined to be ineligible to apply for an occupational license issued by the Board for a period of time and fined in an amount not to exceed $5,000 for each violation because you acted in a manner contrary to the best interests of racing, and/or that was unjust and not conformable to the usages of the turf, by severely mistreating 33 horses stabled at your racing and breeding farm that was an integral part of your participation in New York race meetings, in violation of 9 NYCRR §§ 4022.13 and/or 4022.21; to wit, at Center Brook Farm, Hamlet of Climax, New York, from on or about September 1, 2008, while responsible for the operation of the farm and all purchases made in its operation: (A) you caused and permitted 31 horses to experience unjustifiable physical pain and suffering due to a deprivation of necessary food, appropriate veterinary care, and appropriate shelter, and the lack of proper food and appropriate skin and hair care, as follows: (1-22) through April 8, 2009, 22 horses identified by investigators and in photographs as Horses ## 1, 3, 5, 6, 8, 10-15, 17-21, 23, 25-28, and 34; (23-24) through April 4, 2009, a horse named Hunter’s Circle and a foal from Hunter’s Circle named Good Will Hunter; and (25-31) through near the end of February 2009, a horse named Coconut Martini, a horse named Finely Decorated, a foal from Thrifty Jennifer named Jennifer, a horse named The Only Word, a horse named Yeah Baby Yeah, a horse named Casa Eire, and a horse named Lucky Val; and (B) you caused and permitted two (2) horses to be deprived of necessary food, resulting in severe emaciation which contributed to health problems which resulted in their being euthanized: (32) through February 19, 2009, a horse named Princess Jasmine, a chestnut mare; and (33) through February 25, 2009, a horse named Out of the Gate, a bay mare; 2. You should be found to be ineligible to apply for an occupational license issued by the Board for a period of time because you have been convicted of 33 crimes and such action is necessary to protect the public health, safety, and welfare, pursuant to 9 NYCRR § 4002.9(a), to wit, as described in paragraph (1), supra, you engaged in conduct that constituted 33 occurrences of “Overdriving, torturing and injuring animals; failure to provide proper sustenance,” as described above and in Section 353 of the Agriculture and Markets Law, while you were temporarily licensed by the Board as an authorized agent, and were convicted of these 33 class A misdemeanors by Greene County Court, New York, on or about March 10, 2010; 3. You should be determined to be ineligible to apply for an occupational license issued by the Board for a period of time and fined in an amount not to exceed $5,000 for each violation because you willfully caused or permitted a horse to be entered and start in race meetings in New York on about 1584 occasions since March 29, 2005 which you knew or had reason to believe was not a qualified horse, in violation of 9 NYCRR §§ 4042.1(d), 4025.3, 4025.4, 4025.5, 4026.2(a, c), and 4026.3(a(1), b), in that, you caused or permitted Paraneck Stable horses to start about 1584 races conducted by The New York Racing Association, Inc. (“NYRA”) or Finger Lakes Race Track (“Finger Lakes”), when you knew that not all individual managing and/or non-managing owners of the horses were disclosed and registered with The Jockey Club and licensed by the Board; 4. You should be determined to be ineligible to apply for an occupational license issued by the Board for a period of time and fined in an amount not to exceed $5,000 for each false entry or start of a horse since March 29, 2005 because you committed about 1584 improper, corrupt, and fraudulent acts, and conspired with and assisted other persons to participate in those acts, in violation of 9 NYCRR §§ 4042.1(f), 4002.1(b), 4002.2, 4026.2(a), and 4026.3(a)(1), in that, you entered and started Paraneck Stable horses in about 1584 races conducted by NYRA and Finger Lakes that were owned by you, not those who were falsely disclosed to and registered with The Jockey Club and licensed by the Board as their owners; and 5. You should be barred from subscribing for, entering, or running any horse, whether as agent or under your own name or otherwise, and also denied admission to all race tracks licensed by the Board, until such time as you may be determined to be eligible for and are issued an occupational license by the Board, pursuant to 9 NYCRR § 4042.4(a, b) and the statutes and rules recited above, based on each and all of the violations set forth above. FINDING AND ORDER, APRIL 1, 2011, Kristen M. Buckley: ORDERED, that respondent acted in a manner that was contrary to the best interests of racing, unjust, and not conformable to the usages of the turf by severely mistreating 33 horses stabled at his racing and breeding farm that was an integral part of his participation in New York race meetings, in violation of 9 NYCRR §§ 4022.13 and/or 4022.21; in that, at Center Brook Farm, Hamlet of Climax, New York, from on or about September 1, 2008, while responsible for the operation of the farm and all purchases made in its operation: (A) he caused and permitted 31 horses to experience unjustifiable physical pain and suffering due to a deprivation of necessary food, appropriate veterinary care, and appropriate shelter, and the lack of proper food and appropriate skin and hair care, as follows: (1-22) through April 8, 2009, 22 horses identified by investigators and in photographs as Horses ## 1, 3, 5, 6, 8, 10-15, 17-21, 23, 25-28, and 34; (23-24) through April 4, 2009, a horse named Hunter’s Circle and a foal from Hunter’s Circle named Good Will Hunter; and (25-31) through near the end of February 2009, a horse named Coconut Martini, a horse named Finely Decorated, a foal from Thrifty Jennifer named Jennifer, a horse named The Only Word, a horse named Yeah Baby Yeah, a horse named Casa Eire, and a horse named Lucky Val; and (B) he caused and permitted two (2) horses to be deprived of necessary food, resulting in severe emaciation which contributed to health problems which resulted in their being euthanized: (32) through February 19, 2009, a horse named Princess Jasmine, a chestnut mare; and (33) through February 25, 2009, a horse named Out of the Gate, a bay mare; ORDERED, that respondent has been convicted of 33 crimes, to wit, he engaged in conduct constituting 33 occurrences of “Overdriving, torturing and injuring animals; failure to provide proper sustenance,” as described above and in Section 353 of the Agriculture and Markets Law, while he was temporarily licensed by the Board as an authorized agent, and he was convicted of these 33 class A misdemeanors by Greene County Court, New York, on or about March 10, 2010; ORDERED, that respondent willfully caused or permitted a horse, which he knew and had reason to believe was not a qualified horse, to be entered and start in race meetings in New York on 1,584 occasions since March 29, 2005, in violation of 9 NYCRR §§ 4042.1(d), 4025.3, 4025.4, 4025.5, 4026.2(a, c), and 4026.3(a(1), b), in that, he caused or permitted Paraneck Stable horses to start 1,584 races conducted by The New York Racing Association, Inc. (“NYRA”) or Finger Lakes Race Track (“Finger Lakes”), when he knew that not all individual managing and/or non-managing owners of the horses were disclosed and registered with The Jockey Club and licensed by the Board; ORDERED, that it is not necessary, given the foregoing, for the Board to determine whether or not respondent committed 1,584 improper, corrupt, and fraudulent acts, and conspired with and assisted other persons to participate in those acts, in violation of 9 NYCRR §§ 4042.1(f), 4002.1(b), 4002.2, 4026.2(a), and 4026.3(a)(1), by entering and starting Paraneck Stable horses, in 1,584 races conducted by NYRA and Finger Lakes, that were owned by him not by their owners as disclosed and registered with The Jockey Club and licensed by the Board; ORDERED, that respondent, because in the judgment of the Board this action is warranted by the nature and gravity of the matters that gave rise to this proceeding, shall be, and hereby is, permanently barred from subscribing for, entering, or running any horse, whether as agent or under his own name or otherwise as well as permanently denied admission to the grounds of any licensed or franchised New York State racetrack, whether as a patron, guest or otherwise, pursuant to 9 NYCRR §§ 4042.4(a, b) and 4003.46; and ORDERED, that based the foregoing the respondent shall be, and hereby is, permanently prohibited from obtaining any license from the Board. |
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