Gaming Commission Rulings Database
| Licensee: NEVILLE G. HENRY |
| Licensed As: OWNER-TRAINER |
| Notice Number: AQ 114-2010 |
| Racing Type: Thoroughbred |
| Track: Aqueduct Racetrack (NYRA) |
| Notice Date: 01/11/2011 |
| Status: CLOSED |
| Ruling Type: Fine |
| Rule(s): 4043.2(2)(6)4022.13 4022.11 |
| Ruling Text: You are hereby fined $500.00 for failure to follow proper lasix administration which necessitated a late scratch in the 5th race at Aqueduct Racetrack on December 30, 2010. Having appealed a stay has been granted. STIPULATION, AUGUST 8, 2011, Rick Goodell: WHEREAS, the State Steward at Aqueduct Racetrack fined trainer Neville G. Henry (“respondent”) Five Hundred Dollars ($500.00) when he allegedly failed to follow proper lasix administration procedures, which necessitated a late scratch in the 5th race at Aqueduct Racetrack on December 30, 2010, in violation of 9 NYCRR §§ 4043.2(2)(6), 4022.11, and 4022.13; WHEREAS, respondent timely appealed the ruling (AQ 114-2010); and on August 8, 2011 the parties reached an agreement whereby respondent would withdraw his appeal; 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 New York State Racing and Wagering Board (“Board”) and respondent, Neville G. Henry, hereby agree to the disposition of his pending matters as set forth herein; 2. Neville G. Henry withdraws his appeal and understands that he is being penalized with a fine of Five Hundred Dollars ($500.00) because he allegedly failed to follow proper lasix administration procedures, which necessitated a late scratch in the 5th race at Aqueduct Racetrack on December 30, 2010, in violation of 9 NYCRR §§ 4043.2(2)(6), 4022.11, and 4022.13. 3. Respondent understands and agrees that he shall be ineligible to participate in racing unless his fine is paid by August 10, 2011, and until such time thereafter as it shall have been paid, and that failure to pay within 30 days, i.e., by his delinquency date of September 9, 2011, will result in the assessment of interest and/or a late payment charge and may result in other collection charges. 4. 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. 5. 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. 6. 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. |
| Fined: $500.00 |
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