Gaming Commission

The horse (Heaven's Gait), trained by you, tested positive for prednisolone from the race on July 22, 2017.  Heaven's Gait was subsequently retested and cleared to resume racing.  The horse was disqualified from his first place finish, the purse money was returned and redistributed.  Having appeared telephonically before a representative of the NYS Gaming Commission, and waived your right to a hearing, and the Commission considering the circumstances, your fine in the amount of One Thousand dollars ($1,000.00) has been reduced to Five Hundred dollars ($500.00) and your suspension of 15 (Fifteen) days is reduced to 7 (Seven) days. ORDERED, that during his period of suspension, respondent Nicholas F. DeVita shall  not directly or indirectly participate in New York State pari-mutuel horse racing, he shall be denied the privileges and use of the grounds of New York State racetracks, and he shall be forbidden to participate in any share of purses.  In addition, every horse shall be denied the  privileges of the grounds and shall not participate in pari-mutuel racing (i) that is owned or trained by respondent Nicholas F. DeVita during his period of suspension, (ii) that is owned or trained by any individual who continues to serve as his agent or employee during his period of suspension, or (iii) for which he directly or indirectly makes or executes, during his period of suspension, any arrangement with an owner or other person to care for, train, enter in a race, invoice, collect fees or other payments related to, employ workers for, or otherwise handle.