Gaming Commission Rulings Database
Licensee: JOSEPH R. CARRUBBA |
Licensed As: TRAINER-DRIVER-GROOM |
Notice Number: MO 46-2016 |
Racing Type: Harness |
Track: Main Office |
Notice Date: 09/09/2016 |
Status: CLOSED |
Ruling Type: Suspension |
Rule(s): 4120.3(a)(4), 4120.4(a), 4119.7(b), 4119.8, 4119.9(a), 4120.2 |
Ruling Text: ******AMENDED RULING******
Respondent Joseph Carrubba (“Respondent”) having been summarily suspended by the New York State Gaming Commission (“Commission”) on April 6, 2016, pursuant to Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") §§ 309, 310 and 321, 9 NYCRR §§ 4102.2, 4119.7(b), 4119.8, 4119.9(a), 4120.2, 4120.3 and 4120.4 and State Administrative Procedure Act § 401 pending a final disposition by the Commission regarding whether Respondent should be fined in an amount not exceeding $25,000 per violation, have his licenses to participate in pari-mutuel racing suspended or revoked and exclude him from all New York State racetracks whether as a licensee, participant, or patron pursuant to Section 309(2) of the Racing Law and § 4120.5 and the other applicable Commission rules at 9 NYCRR, in that:
1. The horse “Our Angel Hayleigh,” trained by Respondent and raced in the 9th race at Saratoga Raceway on March 4, 2016, had the substance cobalt present, in a race-day blood sample taken from the horse, at a concentration in excess of 300 ng/ml (including an assessment of the measurement uncertainty and imprecision of the quantitative threshold) in plasma as determined by the laboratory conducting tests for the commission, in violation of 9 NYCRR §§ 4120.3(a)(4), 4120.3(c) and 4120.4(a);
2. Respondent attempted to cause the horse “Our Angel Hayleigh,” trained by him and entered to race at Saratoga Raceway on March 25, 2016, to participate in such race while the substance cobalt would have been present, in a race-day blood sample taken from the horse, at a concentration in excess of 50 and 300 ng/ml (including an assessment of the measurement uncertainty and imprecision of the quantitative threshold) in plasma as determined by the laboratory conducting tests for the commission, in violation of 9 NYCRR §§ 4102.2, 4120.3(a)(4), 4120.3(c) and 4120.4(a);
3. Respondent attempted to cause the horse “Post Time Terror,” trained by him and entered to race at Saratoga Raceway on March 24, 2016, to participate in such race while the substance cobalt would have been present, in a race-day blood sample taken from the horse, at a concentration in excess of 50 and 300 ng/ml (including an assessment of the measurement uncertainty and imprecision of the quantitative threshold) in plasma as determined by the laboratory conducting tests for the commission, in violation of 9 NYCRR §§ 4102.2, 4120.3(a)(4), 4120.3(c) and 4120.4(a);
4. Respondent’s character and general fitness are such that, based on the foregoing and the evidence that horses he was training and racing had been administered supra-dietary amounts of cobalt, your participation in pari-mutuel 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 § 4119.7(b); and
5. Respondent should be excluded from all New York race tracks whether as a licensee, participant or patron, based on the foregoing, because his conduct at a race track in New York and elsewhere has been detrimental to the best interests of racing in violation of Racing Law § 309(2) and 9 NYCRR § 4119.8.
Respondent having received proper notice and having appeared for and participated without counsel in the hearing in this matter conducted on May 13, May 25 and June 17, 2016; the Hearing Officer having rendered her report on August 17, 2016, which is attached and incorporated in this Findings and Order; and the Commission having met on August 30, 2016 and, after due deliberation, having adopted the Hearing Officer’s findings of fact and conclusions of law; now
THEREFORE, upon the Record, the Report of the Hearing Officer and the findings and conclusions adopted herein, it is hereby
ORDERED, that Respondent Joseph Carrubba violated 9 NYCRR §§ 4120.3(a)(4), 4120.3(c) and 4120.4(a) in that the horse “Our Angel Hayleigh,” trained by Respondent and raced in the 9th race at Saratoga Raceway on March 4, 2016, had the substance cobalt present, in a race-day blood sample taken from the horse, at a concentration in excess of 300 ng/ml (including an assessment of the measurement uncertainty and imprecision of the quantitative threshold) in plasma as determined by the laboratory conducting tests for the commission;
ORDERED, that Respondent Joseph Carrubba violated 9 NYCRR §§ 4102.2, 4120.3(a)(4), 4120.3(c) and 4120.4(a) in that he attempted to cause the horse “Post Time Terror,” trained by Respondent and entered to race at Saratoga Raceway on March 24, 2016, to participate in such race while the substance cobalt would have been present, in a race-day blood sample taken from the horse, at a concentration in excess of 50 and 300 ng/ml (including an assessment of the measurement uncertainty and imprecision of the quantitative threshold) in plasma as determined by the laboratory conducting tests for the commission;
ORDERED, that Respondent Joseph Carrubba is not found to have violated any of the other pending charges against him;
ORDERED, that the occupational license of Respondent Joseph Carrubba as a trainer-driver-groom be, and hereby is, suspended for a period of 10 years; and
ORDERED, that during his 10-year suspension, Respondent Joseph Carrubba shall not directly or indirectly participate in New York pari-mutuel horse racing, is denied the privileges and use of the grounds of all racetracks, and is forbidden to participate in any share of purses or other payment. This restriction includes that the privileges of the grounds and permission to participate in pari-mutuel racing in New York State shall be denied to any horse that during the period of respondent’s suspension is owned or trained by respondent, or by any individual who serves as respondent’s agent or employee, or for which respondent is directly or indirectly involved in any arrangement to train, enter, start, care for, record activities or expenses, invoice or collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist in relation to any aspect of the possession and training of the horse.
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Suspended: 04/06/2016 to 04/05/2026 (3652 days) |
Note that the above data is current as of 3:14 PM EDT, Thursday, March 28, 2024 and subject to change as more information becomes available.
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