Gaming Commission

1.  The New York State Gaming Commission, Division of Horse Racing and Pari-Mutuel Wagering (“Commission”) and respondent Neal Terracciano agree to the disposition of his pending matters as set forth herein.

 

 

2.  Respondent Neal Terracciano hereby withdraws his appeal with prejudice, acknowledges his trainer’s responsibility for the pending charges, and understands that he is being penalized as set forth in detail herein, including a fine and a suspension of his occupational license(s) to participate in pari-mutuel racing, because the horse "One More Night,” trained by respondent, competed in the 5th race at Saratoga Race Course on August 23, 2015 after having been administered the drug phenylbutazone within 48 hours of the scheduled post time of the race and phenylbutazone was detected in a post-race sample at a concentration exceeding the applicable threshold, in violation of 9 NYCRR §§ 4043.2(e)(14), 4043.3(a)(20), and 4043.4.

 

3.  Respondent agrees to pay a fine of $1000, on or before December 10, 2015, and to serve a suspension(s) of his occupational license(s) to participate in racing in New York State as follows.  The Commission shall suspend the occupational license(s) of respondent for an initial period of seven (7) consecutive days, beginning on November 20, 2015.  The respondent shall incur a further suspension period of eight (8) days, which shall be stayed, and thereafter discharged, provided that during the 90 days from the outset of his suspension period respondent does not commit any violation of the equine drug rules set forth in part 4043 of 9 NYCRR.  If such a violation is committed by respondent between Friday, November 20, 2015 and Wednesday, February 17, 2016, inclusive, then the Commission shall impose the additional eight-day suspension period.  Respondent’s suspension and probationary periods shall simultaneously begin on November 20, 2015 at 12:01 a.m.  

 

4.  Respondent agrees that during his suspension he shall not participate in New York State pari-mutuel racing, directly or indirectly, and that this suspension includes but is not limited to the following:  he shall be denied the privileges and use of the grounds of New York State racetracks; he is forbidden to participate in any share of purses from New York State pari-mutuel races; he may not, during his period of suspension, handle arrangements with any horse owner for the care, training, or entry of any horse, or for the invoicing, collecting of fees or other payments, or employment of workers who assist in caring for or training any horse, or any other arrangement incidental to caring for or training any horse that during his suspension participates in New York State racing; and no horses may participate in New York State pari-mutuel racing through being owned or trained by an individual who is serving during this suspension period as respondent’s agent or employee.

 

5.  Respondent understands and agrees that he shall be ineligible to participate in racing unless and until his fine is paid on or before December 10, 2015; and that failure to pay within 30 days, i.e., by his delinquency date of January 9, 2015, will further result in the assessment of interest and/or a late payment charge and may result in other collection charges.  

 

6.  Respondent waives his right to bring a judicial challenge to any of the actions of the New York State Gaming Commission, its members, agents, or employees, with respect to this case, in any state or federal court or other forum; except to the extent that he seeks to enforce the terms and conditions of this Stipulation of Settlement.

 

7.  Respondent has read all of the above conditions and understands and agrees to comply with these conditions.  Respondent understands that his participation in racing is conditioned upon his compliance with this agreement.

 

8.  This settlement agreement represents the full, final and complete resolution of this matter.