Gaming Commission Rulings Database
| Licensee: CARMELO QUINONES JR |
| Licensed As: EXERCISE RIDER |
| Notice Number: MO 278-2011 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 10/05/2011 |
| Status: CLOSED |
| Ruling Type: Revocation |
| Rule(s): 4042.5 (a)(c) |
| Ruling Text: PLEASE TAKE NOTICE that your license to participate in pari-mutuel thoroughbred racing as an exercise rider is hereby SUSPENDED IMMEDIATELY pending the disposition by the Board of the scheduled hearing before the New York State Racing and Wagering Board or, if you refuse such hearing or default in appearing, SUSPENDED until such time as the Board in its discretion takes further action, including but not limited to license suspension or revocation or refusal to license. This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 220(2); 9(E) NYCRR § 4042.5, subdivisions (a) and (c); and State Administrative Procedure Act § 401(3), upon a finding of the Board that the public safety and welfare imperatively require this emergency action in that your continued participation in racing is a potential cause of civil unrest and public harm and further, could result in an impairment of the public's confidence in pari-mutuel racing in New York State and have an adverse affect upon substantial State and public revenues and revenues to the industry in general generated by pari-mutuel racing, in that on September 10, 2011, you were arrested by the New York City Police Department and charged with Criminal Possession of a Controlled Substance 7th Degree (Penal Law 220.03) and on September 7, 2011, you were terminated from the Backstretch Employee Service Team (BEST) treatment program for refusal to follow clinical recommendations and refusal to enter inpatient treatment as directed, in violation of both your July 2, 2010 “Consent to Conditions for Re-Instatement” and 9(E) NYCRR § 4042.5(c); and under the present circumstances, you lack the general character and fitness for continued participation in pari-mutuel racing and your continued participation in pari-mutuel racing is presently inconsistent with the public interest, convenience, and necessity, and with the best interests of racing generally. FINDINGS AND ORDER, MAY 14, 2012, Kristin M. Buckley: ORDERED, that the Board’s summary suspension of Mr. Quinones’ license as an exercise rider is hereby upheld; and it is further ORDERED, that Mr. Quinones’ license as an exercise rider is hereby revoked; and it is further ORDERED, that Mr. Quinones be permitted to obtain a license from the Board only upon evidence of satisfactory completion of any appropriate program of substance abuse treatment as may be recommended by a New York State certified provider/program, and compliance with appropriate conditions for licensing; and it is further ORDERED, that during such time that he is unlicensed, Mr. Quinones’ is denied the privileges of the grounds, whether as a patron or otherwise, of all racetracks under jurisdiction of the Board. |
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