Gaming Commission Rulings Database
| Licensee: DIANE C. BALSAMO |
| Licensed As: OWNER-TRAINER |
| Notice Number: AQ 28-2015 |
| Racing Type: Thoroughbred |
| Track: Aqueduct Racetrack (NYRA) |
| Notice Date: 12/13/2015 |
| Status: CLOSED |
| Ruling Type: Fine |
| Rule(s): 4025.11, 4025.5, 4025.4, and 4042.1(f) |
| Ruling Text: **********AMENDED RULING********
WHEREAS the State Steward fined Diane Balsamo the sum of $2,500 for a violation of 9 NYCRR §§ 4025.11, 4025.5, 4025.4, and 4042.1(f) for engaging in an improper practice in a ruling denoted AQ 28-2015 and dated December 13, 2015; and
WHEREAS, such respondent timely appealed this ruling (AQ 28-2015);
WHEREAS, such respondent has conferred with Gaming Commission and the parties have reached an agreement whereby the respondent withdraws her appeal and accepts the disposition set forth below; and
WHEREAS, no person who is party to this proceeding is an infant or incompetent person for whom a committee has been appointed;
NOW, upon the mutual promises and considerations set forth in this Agreement, the parties hereby agree to settle this matter as follows:
1. The New York State Gaming Commission (“Commission”) and respondent Diane Balsamo agree to a full and final disposition of her pending matters as follows.
2. Respondent Diane Balsamo hereby withdraws her appeal and understands that the Commission is penalizing her, as set forth in detail herein, for engaging in an improper practice by entering and racing her horse “Box Office,” with her as the record trainer and owner, in the 4th race on December 4, 2015 at Aqueduct Racetrack when she had given another licensed trainer, who raced a different horse in the same race at Aqueduct Racetrack, a 50% share in any purse won by “Box Office.” As a result, the other trainer had a conflict of interest of which the wagering public was not informed and respondent’s actions violated 9 NYCRR §§ 4025.11, 4025.5, 4025.4, and 4042.1(f).
3. Diane Balsamo, having surrendered her trainer’s license, shall work as an assistant trainer only.
4. Diane Balsamo shall comply with all claiming and related rules of the Gaming Commission, including without limitation 9 NYCRR §§ 4025.10, 4025.11, 4025.5, 4025.4, 4042.1(f), 4038.7 and 4038.11.
5. Pursuant to the conditions set forth above, respondent’s $2,500 fine shall be suspended for six months from the date of the ruling by the State Steward against her and thereafter discharged, unless within such six month period Diane Balsamo violates any of the said conditions, in which case the $2,500 fine shall become due and payable to the Commission.
6. Respondent waives her 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 she 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 her participation in racing is conditioned upon her compliance with this agreement.
8. This settlement agreement represents the full, final and complete resolution of this matter.
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| Fined: $.00 |
Note that the above data is current as of 10:32 AM EDT, Friday, April 26, 2024 and subject to change as more information becomes available.
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