Gaming Commission Rulings Database
| Licensee: MICHAEL S. WEINER |
| Licensed As: Owner, Trainer, Provisional Driver |
| Notice Number: MO 57-2017 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 08/21/2017 |
| Status: CLOSED |
| Ruling Type: Suspension |
| Rule(s): 4119.7(a)(3), 4119.8, 4120.2(n), and 4120.4(a) |
| Ruling Text: ***STIPULATION OF SETTLEMENT***
WHEREAS, the New York State Gaming Commission (“Commission”) summarily suspended the occupational licenses of Respondent Michael S. Weiner (“respondent”) on May 24, 2017 and conducted a full evidentiary hearing with regard to the underlying charges against him on August 3, 2017;
WHEREAS, respondent appeared personally and participated by his attorney in his hearing conducted on August 3, 2017;
WHEREAS, respondent has subsequently reached an agreement whereby the respondent waives the completion of such hearing process 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 Stipulation of Settlement, the parties hereby agree to settle this matter as follows:
1. The New York State Gaming Commission and respondent Michael S. Weiner agree to the disposition of the pending matters as set forth herein.
2. Respondent waives the completion of the hearing process to determine the underlying charges upon which the Commission summarily suspended his occupational licenses pursuant to Section 401(3) and Article 3 of the State Administrative Procedure Act, and understands and agrees that he shall be penalized as set forth in detail herein, including with a suspension of his occupational licenses to participate in pari-mutuel racing and exclusion from New York State racetracks, because he trained horses (Bupa Brusier, French Lick, Vernon Belle and Majestic Jo) that raced on February 2 in the 3rd Race, February 3 in the 3rd and 7th race, and February 7 in the 5th race, respectively, at Monticello Raceway, after he administered the drug kratom (mitragynine) to the horse on race day and within one week of the scheduled post time of its race, in violation of 9 NYCRR §§ 4120.2(n) and 4120.4(a); and such actions were improper and detrimental to the best interests of racing pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 309(2) and 9 NYCRR §§ 4119.7(a)(3) and 4119.8.
3. Respondent understands that the Commission, as and for a penalty, shall suspend the occupational licenses of respondent for two years, to wit, from May 24, 2017 to May 23, 2019, inclusive, except that the final one year of his suspension period shall be stayed, and thereafter discharged, provided that during the two (2) years from the outset of his suspension period on May 24, 2017, Michael S. Weiner not commit any violation of Commission equine drug (including possession of drug paraphernalia) rules and that he comply with the terms of this Stipulation of Settlement. His suspension and probationary periods have begun simultaneously on May 24, 2017. In addition, during his period of suspension, except when it is stayed, respondent shall be excluded from all New York State racetracks whether as a licensee, participant or patron.
4. Respondent represents and agrees that during his suspension he shall not participate in New York State pari-mutuel racing, directly or indirectly, and that while suspended respondent shall be denied the privileges and use of the grounds of New York State racetracks, is forbidden to participate in any share of purses from New York State pari-mutuel races, and shall not handle arrangements with any horse owner or other person 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. Respondent further represents and agrees that no horses shall participate in New York State pari-mutuel racing through being owned or trained by an individual who is serving as respondent’s agent or employee while respondent’s occupational licenses are suspended.
5. 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.
6. Respondent has read all of the above conditions and understands and agrees to comply with these conditions. Respondent understands that his future participation in racing is conditioned upon his compliance with this agreement.
7. This settlement agreement represents the full, final and complete resolution of this matter.
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| Suspended: 05/24/2017 to 05/23/2019 (730 days) |
Note that the above data is current as of 4:16 AM EDT, Thursday, April 25, 2024 and subject to change as more information becomes available.
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