Gaming Commission Rulings Database
| Licensee: MICHAEL J. SINCLAIR |
| Licensed As: TRAINER |
| Notice Number: MO 68-2017 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 07/19/2017 |
| Status: CLOSED |
| Ruling Type: Finding & Order |
| Rule(s): 4105.8(c), 4119.7(b), and/or 4119.9(a) |
| Ruling Text: ***FINDINGS AND ORDER***
THE NEW YORK STATE GAMING COMMISSION conducted a hearing pursuant to Section 321 of the Racing, Pari-Mutuel Wagering and Breeding Law (Racing Law), Article 3 of the State Administrative Procedure Act and 9 NYCRR Part 4550 (Rules), to determine whether the license of Respondent, Michael J. Sinclair to participate in harness racing in New York State should be suspended or revoked and whether he should be fined an amount not exceeding $25,000 per violation because he mistreated and endangered a horse and his experience, character and general fitness are such that his participation in racing is inconsistent with the public interest, convenience or necessity and with the best interest of racing generally, pursuant to Section § 309(2) of the Racing Law and 9 NYCRR § 4119.8, and for violations of racing rules as set forth in 9 NYCRR § 4105.8(c), 4119.7(b) and 4119.9(a).
The Respondent received proper notice and appeared personally and was represented by an attorney at a hearing conducted on June 27 and 28, 2017. The Hearing Officer rendered his report on July 12, 2017, which is attached and incorporated herein.
THE COMMISSION, after due deliberation, met on July 19, 2017 and adopted the Hearing Officer’s findings of facts and conclusions of law, as modified to correct a reference in finding of fact number 17 from 9 NYCRR section 410.5(c) to 9 NYCRR section 4105.8(c).
THEREFORE, upon the record, the Report of the Hearing Officer and the findings and conclusions adopted herein; it is hereby
ORDERED, that the Respondent’s owner and trainer license is suspended for a period of two years and that Respondent is excluded from all New York racetracks for whatever purpose for a period of two years.
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