Gaming Commission Rulings Database
| Licensee: DOLORES D. BASILONE |
| Licensed As: TRAINER |
| Notice Number: MO 320-2018 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 02/22/2019 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): 4105.8(c), 4119.7(b), 4120.13, 4120.13, 4120.4(a) |
| Ruling Text: PLEASE TAKE NOTICE that the occupational licenses of you, Dolores D. Basilone, to participate in pari-mutuel harness racing as an owner, trainer or otherwise are hereby SUSPENDED IMMEDIATELY pending the disposition by the New York State Gaming Commission (“Commission”) of the scheduled hearing before the Commission, or if you refuse such hearing or default in appearing, SUSPENDED until such time as the Commission in its discretion takes further action, including, without limitation, a fine and license suspension or revocation or refusal to license.
YOU ARE FURTHER NOTIFIED that a hearing in this matter will be held at 10:00 a.m. on Wednesday, November 21, 2018, at Commission offices located at One Broadway Center, Schenectady, New York, at which time you may be represented by counsel and present evidence and arguments on your own behalf.
This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law ("RWL") §§ 104(2), 116, 301(1), 309(2), 310 and 321; 9 NYCRR §§ 4105.8(c), 4119.7(b), and 4120.13; and State Administrative Procedure Act § 401, upon a finding of the Commission that the public safety and welfare imperatively require this emergency action because your continued participation in racing is a potential cause of civil unrest and public harm and further could result in an impairment of the public's confidence in pari-mutuel racing in New York State and have an adverse effect upon substantial State and public revenues and revenues to the industry in general generated by pari-mutuel racing, in that, under the present circumstances you lack the general character and fitness for continued participation in pari-mutuel racing, and your continued participation in pari-mutuel racing is presently inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, based upon the circumstances and charges stated more particularly hereinafter.
The disposition of these matters may result in the revocation or suspension of your license, your exclusion from all racetracks in New York State and the imposition of fines. In particular, at the scheduled and any adjourned dates of your hearing you are notified that the Commission will take evidence to determine whether, pursuant to RWL §§ 104(2), 116 and 321, Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR, the Commission should fine you in an amount not exceeding $25,000 per violation, suspend and/or revoke your licenses to participate in pari-mutuel racing, and exclude you from all New York State racetracks whether as a licensee, participant or patron, pursuant to RWL §§ 309 and 310 and the applicable Commission rules at 9 NYCRR, in that:
2. Your character and general fitness are such, based on the foregoing and your history of equine drug rule violations including those described in Notices MR 67-2017 (December 28, 2017) and MR 89-2018 (August 27, 2018) (appeal pending), that 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 RWL § 309(2); and
3. You should be excluded from all New York race tracks whether as a licensee, participant or patron, based on the foregoing, because your conduct at a race track in New York and elsewhere has been detrimental to the best interests of racing, pursuant RWL § 309(2) and 9 NYCRR § 4119.8.
PLEASE TAKE NOTICE that the hearing will be conducted pursuant to Section 321 of the RWL, Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR.
PLEASE TAKE NOTICE that you may be represented by counsel, cross-examine witnesses and present evidence and arguments on your own behalf. Interpreter services will be made available to deaf persons and people who are not English language proficient at no charge, but such services should be requested in writing at least one week before the hearing date or as soon as reasonably possible. You are responsible to deliver this Notice of Hearing to your attorney, if you have or retain one. This shall be a de novo hearing that may result in the imposition of any legally available penalty, including a license suspension or revocation and a fine not to exceed $25,000 per violation.
PLEASE TAKE NOTICE TAKE that unless you object before the hearing date, the Commission may conduct your hearing using live videoconferencing that allows you and other parties and witnesses to participate and testify from another location that might be more convenient. To object to live videoconferencing, you must contact the hearing officer with concurrent notice to the assigned counsel. The hearing officer will determine, after an opportunity for the parties to be heard, whether or not to use live videoconferencing. If you choose to participate in your hearing through video-conferencing, then you are responsible to be sure that a copy of any physical evidence that you may want to use during testimony or introduce into evidence has been delivered to opposing counsel and the Hearing Officer before the hearing, and that the hearing officer and other party are afforded an opportunity to examine any original of such evidence that you may want to introduce into evidence.
PLEASE TAKE NOTICE that the hearing may be adjourned at the discretion of the hearing officer for good cause shown upon the request of any party. Requests for adjournments must be submitted as soon as reasonably possible. Absent a serious emergency matter, no requests for adjournments, except for the initial hearing date of November 21, 2018, will be granted within two business days of the scheduled hearing date. To request an adjournment, you must contact the Acting Secretary of the Commission at (518) 388-3332 with concurrent notice to the Commission’s assigned counsel at william.sekellick@gaming.ny.gov, as soon as possible. Requests for adjournments must be in writing and, after the opposing party has an opportunity to be heard in regard to a request for adjournment, approved by the Hearing Officer. If you fail to appear at the hearing, then you will be in default and the Commission may proceed in your absence with the hearing. Adjournments on consent of all parties are subject to the approval of the Hearing Officer.
PLEASE TAKE FURTHER NOTICE that, if you do not appear at the hearing and have not been granted an adjournment, then the hearing shall take place as scheduled and a decision, including by default, shall be made on the charges. The decision may result in fines, not to exceed $25,000 for each violation, imposed against you; the suspension or revocation of your occupational licenses; and the expulsion of you from all pari-mutuel race tracks in New York State.
***SUBSEQUENT HISTORY***
Stipulation of Settlement
WHEREAS, on November 16, 2018, the New York State Gaming Commission (“Commission”) summarily suspended the occupational licenses of Dolores D. Basilone, to participate in pari-mutuel harness racing as an owner, trainer or otherwise pending the disposition by the Commission of a hearing before the Commission, of the following charges:
1. On November 6, 2018, the horse, JK Nowornever, trained by Dolores D. Basilone and racing at Monticello Raceway that day without an administration of furosemide pursuant to 9 NYCRR § 4120.13(a), had a pre-race TCO2 level of 37 millimoles per liter (“mmol/L”) or more, and in excess of 39 mmol/L, to wit, 40.9 mml/L, in violation of 9 NYCRR §§ 4120.13 and 4120.4(a).
2. Dolores D. Basilone’s character and general fitness are such, based on the foregoing and her history of equine drug rule violations including those described in Notices MR 67-2017 (December 28, 2017) and MR 89-2018 (August 27, 2018) (appeal pending), that her participation in pari-mutuel racing is inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, contrary to RWL § 309(2); and
WHEREAS, Dolores D. Basilone had previously requested a hearing (MO 278-2018) because she had been fined $1,000 and her license to participate in pari-mutuel racing was suspended for 365 days pursuant to Notice No. MR 89-2018, for the following pending charges:
1. On July 24, 2018 she had and possessed on the premises of Monticello Raceway a dose syringe and another container that were not labeled to identify the substance that was in them, in violation of 9 NYCRR § 4120.6(c);
2. On July 24, 2018 she participated in the administration of an impermissible substance by means of a dose syringe to the horse Panedictine, which she trained, on race day and within 24 hours before the scheduled post time of the 9th race at Monticello Raceway, in which the horse Panedictine was to compete, in violation of 9 NYCRR §§ 4120.2(a), 4120.2(a)(2), 4120.2(c), 4119.10 and 4120.4(a).
3. On July 6, 2018, the horse Sandy Hook Hanover, which she trained, was administered an impermissible substance on race day and within 24 hours before the scheduled post time of the 9th race at Saratoga Raceway in which the horse Sandy Hook Hanover was to compete, in violation of 9 NYCRR §§ 4120.2(a), 4120.2(a)(2), 4120.2(c) and 4120.4(a); and
WHEREAS, no person who is party to this proceeding is an infant or incompetent person for whom a committee has been appointed,
NOW, Dolores D. Basilone, having been represented by Marvin Newberg, Esq., and the Commission, upon the mutual promises and considerations set forth in this stipulation hereby agree to settle this matter as follows:
1. The New York State Gaming Commission and respondent Dolores D. Basilone agree to the disposition of the pending matters as set forth herein.
2. Respondent Dolores D. Basilone waives a hearing on the pending charges listed above and understands that she is being penalized as set forth in detail herein.
3. Respondent admits that on November 6, 2018, the horse, JK Nowornever, trained by Dolores D. Basilone and racing at Monticello Raceway that day without an administration of furosemide pursuant to 9 NYCRR § 4120.13(a), had a pre-race TCO2 level of 37 millimoles per liter (“mmol/L”) or more, and in excess of 39 mmol/L, to wit, 40.9 mml/L, in violation of 9 NYCRR §§ 4120.13 and 4120.4(a), in full satisfaction of all hereinabove described pending charges.
4. The parties agree that it is a violation of New York State Gaming Commission rules to administer any substance by dose syringe within 24 hour of post time of a race.
5. The Commission shall suspend the occupational licenses of respondent for 9 months beginning on November 16, 2018 and ending on August 15, 2019 inclusive.
6. The respondent is fined the amount of $1,500 and agrees to pay the $500 remaining balance within 30 days of receipt of a fully executed copy of this stipulation. Failure to make timely payment will result in the assessment of interest or a late payment charge and may result in a charge to cover the cost of processing, handling, and collection of such debt. The respondent shall be ineligible to participate until the fine is paid.
7. Respondent agrees that for 2 years following the reinstatement of her license, which shall commence no earlier than August 16, 2019, that her license shall be conditioned upon:
a. She or any persons on her behalf shall not possess baking soda, or other alkalizing substances, unlabeled or inappropriately labeled dose syringes or other milk shaking/dosing paraphernalia while on the premises of any horse racing track under the jurisdiction of the New York State Gaming Commission.
b. Further, that any such items found in her possession on such premises or in any barn, stall, tack room, or other area assigned to or controlled by her shall be considered contraband, subject to seizure by Commission or track representatives, and be considered a violation of the terms of this agreement.
c. That she shall not violate any of the provisions of Part 4120 of 9 NYCRR.
d. If she shall violate any of the above conditions, the Commission shall revoke her licenses to participate in racing in New York State.
8. Respondent represents and agrees that during her suspension she shall not participate in New York State pari-mutuel racing, directly or indirectly, and that while revoked 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 revocation 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 revoked.
9. Respondent waives her 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 she seeks to enforce the terms and conditions of this Stipulation.
10. Respondent has read all the above conditions and understands and agrees to comply with these conditions. Respondent understands that her future participation in racing is conditioned upon her compliance with this agreement.
11. This stipulation represents the full, final and complete resolution of the above-referenced matters, MO 278-2018 (including MR 89-2018) and MO 320-2018.
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| Suspended: 11/06/2018 to 08/15/2019 (283 days) |
| Fined: $500.00 |
Note that the above data is current as of 12:47 AM EDT, Thursday, April 25, 2024 and subject to change as more information becomes available.
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