Gaming Commission Rulings Database
| Licensee: MARK J. KESMODEL |
| Licensed As: TRAINER |
| Notice Number: MO 197-2011 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 07/25/2011 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.2(h) 4120.4 4002.8 4002.9 (a.c.) 4119.7 (b) 4119.9 (a) 4003.46 4119.8 |
| Ruling Text: YOU ARE HEREBY NOTIFIED TO SHOW CAUSE before the New York State Racing and Wagering Board (the "Board"), at the Board office located at One Broadway Center, Suite 600, Schenectady, New York, at 10:00 a.m. on Wednesday, Thursday, and Friday, September 14, 15, and 16, 2011, and pursuant to New York State Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") § 309(2), Article 3 of the State Administrative Procedure Act, 9 NYCRR, Part 5402 and the applicable Board rules, why you should not be fined and your license(s) to participate in pari-mutuel harness racing in New York State be suspended or revoked, and/or you should not be excluded as a licensee, participant, or patron from all New York State tracks, because: 1. On April 1, 2011, the horse "Anndrovette," trained by you, competed in the 9th race at Yonkers Raceway with the drug oxymetazoline having been administered within one week of the scheduled post time of its race, in violation of 9 NYCRR §§ 4120.2(h) and 4120.4, for which you were fined Two Thousand Dollars ($2,000) and your occupational license was suspended for 240 days as set forth in Notice YR 50-2011 (copy annexed); 2. Your character and general fitness are such that your participation in harness racing is inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, contrary to Racing Law § 309(2) and 9 NYCRR §§ 4002.8, 4002.9(a, c), 4119.7(b), and/or 4119.9(a), based on the foregoing and your history in racing including seven (7) equine drug violations in 12 months; and 3. You should be expelled from the premises of all pari-mutuel racetracks in New York state as an undesirable person whose conduct has been detrimental to the best interest of harness racing pursuant to Section 309(2) of the Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") and 9 NYCRR §§ 4003.46 and 4119.8. STIPULATION, 11/28/2011: 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 Mark J. Kesmodel hereby agree to the disposition of his pending matter as set forth herein. 2. Mark J. Kesmodel 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 horse "Anndrovette," trained by him, competed in the 9th race at Yonkers Raceway on April 1, 2011 with the drug oxymetazoline having been administered within one week of the scheduled post time of its race, in violation of 9 NYCRR §§ 4120.2(h) 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 one hundred five (105) days, beginning on December 1, 2011; to wit, from December 1, 2011 to March 14, 2012, 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. 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. The Board acknowledges that respondent has already paid the initial fine of two thousand dollars ($2,000) and that the Board will promptly remit the difference of one thousand dollars ($1,000) to him. 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 the resolution of this matte. It may be individually executed and read collectively as though each party had signed the same original. (REFERENCE RULING NOTICE YR 50 - 2011) |
| Suspended: 12/01/2011 to 03/14/2012 (105 days) |
| Fined: $1000.00 |
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