Gaming Commission Rulings Database
| Licensee: BEN R. MONDELLO |
| Licensed As: OWNER RENEWAL |
| Notice Number: AQ 7-2018 |
| Racing Type: Thoroughbred |
| Track: Aqueduct Racetrack (NYRA) |
| Notice Date: 05/02/2019 |
| Status: CLOSED |
| Ruling Type: Other |
| Rule(s): 4033.7 4025.5 4022.11 4022.21 4034.5 |
| Ruling Text: Horse Wildcat Belle owned by Mr. Ben R. Mondello is hereby disqualified from the purse and unplaced in the order of finish of the 5th race at Aqueduct Racetrack on February 8, 2018 for having participated while carrying 2 pounds less weight than required by the conditions of the race. § 4025.5. Disqualification—improper practice. Any horse that has been the subject of improper practice may be disqualified for such time and for such races as the stewards shall determine.
The New order Of Finish Is
1.Clairvoyant Lady
2. Da Wildcat Girl
3. Daring Prospect
4. Puparee
***Subsequent History***
FINDINGS AND ORDER
The New York State Gaming Commission (“Commission”) conducted a hearing pursuant to Section 220(2) of the Racing, Pari-Mutuel Wagering and Breeding Law, Article 3 of the State Administrative Procedure Act and Part 4550 of the Commission’s rules at 9 NYCRR after trainer Ben R. Mondello (“Respondent”) requested a hearing in relation to Notice AQ 07-2019. Respondent’s horse Wildcat Belle was disqualified from the purse and unplaced in the order of finish in the 5th race at Aqueduct Racetrack on February 8, 2018, for having participated while carrying two pounds less weight than required by the conditions of the race, pursuant to 9 NYCRR § 4025.5.
Respondent received proper notice and participated in a hearing conducted on December 13, 2018. The Hearing Officer rendered her report on February 19, 2019, which is attached hereto and incorporated herein.
The Commission met on April 29, 2019, and after due deliberation adopted the Hearing Officer’s findings of fact and conclusions of law.
THEREFORE, upon the record, the report of the Hearing Officer and the findings and conclusions adopted by the Commission, it is hereby,
ORDERED, that the Commission affirms the ruling of the Stewards to disqualify Respondent’s horse Wildcat Belle from the purse and to unplace the horse in the order of finish in the 5th race at Aqueduct Racetrack on February 8, 2018, for having participated while carrying two pounds less weight than required by the conditions of the race, pursuant to 9 NYCRR § 4025.5. |
Note that the above data is current as of 6:23 AM EDT, Tuesday, April 16, 2024 and subject to change as more information becomes available.
The New York State Gaming Commission takes reasonable measures to ensure that the data and information on this website is accurate and current. However, the Commission makes no express or implied warranty regarding this information or data and expressly disclaims all legal liability and responsibility to persons or entities who use or access this website and its content.