Gaming Commission Rulings Database
| Licensee: MARK D. BECKWITH |
| Licensed As: OWNER-DRIVER |
| Notice Number: SR 42-2011 |
| Racing Type: Harness |
| Track: Saratoga Gaming & Raceway |
| Notice Date: 06/11/2011 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4102.1,4102.3,4117.8(c) |
| Ruling Text: While driving #2 (Paradise Willie) on 4/23/11, you kicked the horse when going around the first turn. This penalty is enhanced based on prior disciplinary history. FINDINGS AND ORDER, Kristin M. Buckley, March 1, 2012: ORDERED, that the order of the Presiding Judge to suspend Mr. Beckwith’s harness license for forty-five (45) days and fine Mr. Beckwith one-thousand and five-hundred dollars ($1,500) is hereby affirmed. ADMINISTRATIVE STAY STIPULATION, March 2, 2012: , upon the mutual promises and considerations set forth in this Agreement, the parties stipulate and agree as follows: 1. Mr. Beckwith agrees that he shall institute his Article 78 proceeding by filing his petition in New York State Supreme Court, on or before March 14, 2012; 2. Mr. Beckwith agrees that, by his attorney, he will execute, and consent to the filing with Supreme Court of, a stipulation to transfer his proceeding to the Appellate Division pursuant to CPLR 7803(4) and 7804(4), within five (5) days of the filing of the answering Board papers, to wit, its article 78 answer, answering affidavit(s), and certified record; 3. Mr. Beckwith agrees that, in the event of a transfer of such proceeding to the Appellate Division, he will file any and all applicable papers within 60 days of receiving notice of entry of such transfer and shall comply with and not seek any delay or extension of the time requirements for filing papers therein; 4. The Board agrees to an administrative stay of the aforesaid fine and suspension against Mr. Beckwith until March 14, 2012, and further agrees not to oppose a request made by Mr. Beckwith in state court for a judicial stay, until a final decision has been rendered in his state court proceeding, of the aforesaid suspension; 5. Mr. Beckwith agrees that he shall not seek any other stay or similar relief from a court during the pendency of his state court proceeding; 6. The parties understand and acknowledge, were Mr. Beckwith to continue to face a suspension after the conclusion of his state court proceeding, that the parties have not reached any agreement in regard to any further stay (administrative or otherwise), that Mr. Beckwith’s suspension would be effective at the discretion of Board or the Presiding Judge at the New York State track where he then participates, and that the terms and conditions of this Stipulation would not prevent Mr. Beckwith from seeking to obtain a stay in another forum; and 7. This Stipulation may be individually executed and read collectively as though each party had signed the same original, including documents that are transmitted by telefacsimile. |
| Suspended: to (45 days) |
| Fined: $1500.00 |
Note that the above data is current as of 10:28 AM EDT, Friday, April 26, 2024 and subject to change as more information becomes available.
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