Gaming Commission Rulings Database
| Licensee: TODD J. MARCIANO |
| Licensed As: Owner, Trainer, Provisional Driver |
| Notice Number: MR 132-2010 |
| Racing Type: Harness |
| Track: Monticello Raceway & Mighty M Gaming |
| Notice Date: 12/21/2010 |
| Status: REQUEST WITHDRAWN |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.13(a)(d), 4120.4 |
| Ruling Text: As trainer of record of #6, "ANOTHER MIKE," who finished 3rd in the 8th race on 11/09/2010, your horse's TC02 level exceeded the acceptable level in violation of the above-stated rules. During the period of your suspension, you are denied the privileges of the grounds. No horses owned, trained or driven by you shall be allowed to participate at any track conduction pari-mutuel racing. Having appeared before a representative of the Board and filed an appeal, and having paid your fine, your suspension is hereby stayed, pending final determination by the Board. STIPULATION, 4/11/2011, Rick Goodell: WHEREAS, the Presiding Judge at Monticello Raceway fined trainer Todd J. Marciano (“respondent”) one thousand dollars ($1,000) and suspended his racing license(s) for sixty (60) days, as responsible trainer on November 9, 2010 for the non-lasix horse "Another Mike," racing at Monticello Raceway that day, which had a pre-race TCO2 level of 37 millimoles per liter or more, in violation of 9 NYCRR §§ 4120.13 and 4120.4; WHEREAS, respondent timely appealed the ruling (MR 132-2010); and on April 7, 2011 the parties reached an agreement that respondent would withdraw his appeal and that his suspension shall be effective at the discretion of the Presiding Judge at the New York State track where respondent participates; and 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 Todd J. Marciano hereby agree to the disposition of his pending matters as set forth herein; 2. Todd J. Marciano 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 "Another Mike," trained by him and racing on November 9, 2010 at Monticello 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, with the suspension being effective at the discretion of the Presiding Judge at the New York State track where respondent participates. 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 race tracks, 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 April 10, 2011, 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. 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. (Suspension days were assigned in notice MR 2011-30) |
| Suspended: 04/28/2011 to 06/26/2011 (60 days) |
| Fined: $1000.00 |
Note that the above data is current as of 5:17 AM EDT, Friday, April 19, 2024 and subject to change as more information becomes available.
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