Gaming Commission Rulings Database
| Licensee: APRIL C. ALDRICH |
| Licensed As: OWNER-TRAINER |
| Notice Number: MO 158-2011 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 02/08/2012 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4120.2(h)4120.4 4002.8 4002.8(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, because: 1. On March 22, 2011, the horse "Fly Solo," trained by you, competed in the 4th race at Monticello 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; 2. On March 28, 2011, the horse "Our Special Girl," trained by you, competed in the 5th race at Monticello 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; 3. 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 of racing violations; and 4. 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 2/10/2012 Rick Goodell: 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 April C. Aldrich hereby agree to the disposition of her pending matter as set forth herein. 2. April C. Aldrich acknowledges that she has committed the two (2) violations of 9 NYCRR §§ 4120.2(h) and 4120.4 which occurred as follows: (i) the horse "Fly Solo," trained by her, competed in the 4th race at Monticello Raceway on March 22, 2011, with the drug oxymetazoline having been administered within one week of the scheduled post time of its race; and (ii) the horse "Our Special Girl," trained by her, competed in the 5th race at Monticello Raceway on March 28, 2011, with the drug oxymetazoline having been administered within one week of the scheduled post time of its race. 3. Respondent agrees that her penalty for these violations is that she shall pay a total fine of Two Thousand Dollars ($2,000) and her occupational license(s) to participate in pari-mutuel racing in New York State shall be suspended for a period of two hundred twenty-five (225) days, beginning on February 10, 2012, to wit, from February 10 to September 21, 2012, inclusive. 4. Respondent agrees that during her period of suspension, she shall not directly or indirectly participate in New York State pari-mutuel horse racing, she is denied the privileges and use of the grounds of all racetracks, and she 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 her, or by any individual who serves as her agent or employee, during her suspension; or (b) for which she during her 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 she shall be ineligible to participate in racing unless and until her fine is paid; and that failure to pay within 30 days, i.e., by her delinquency date of March 9, 2012, will result in the assessment of interest and/or a late payment charge and may result in other collection charges. 6. Respondent waives her 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 these 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. She understands that her participation in racing is conditioned upon her 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 matter. It may be individually executed and read collectively as though each party had signed the same original. |
| Suspended: 02/10/2012 to 09/21/2012 (225 days) |
| Fined: $2000.00 |
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