Gaming Commission Rulings Database
| Licensee: RAMZAN I. ANTOOA |
| Licensed As: STABLE EMPLOYEE |
| Notice Number: MO 175-2020 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 10/14/2020 |
| Status: CLOSED |
| Ruling Type: Revocation |
| Rule(s): 4042.1(f), 4002.8 and 4002.9, 4042.4 |
| Ruling Text: PLEASE TAKE NOTICE that the occupational licenses of you, Ramzan I. (a/k/a Ramon) Antooa, to participate in pari-mutuel harness racing as a thoroughbred groom 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, then SUSPENDED until such time as the Commission in its discretion takes further action, including but not limited to 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 Thursday, August 6, 2020. We are currently conducting hearings only by videoconference due to the COVID-19 health emergency. This includes that the hearing officer will preside by videoconference. Please note, you must contact our office to arrange for you, including your attorney and witnesses, to videoconference from your own location. There will be no physical location provided by the Commission for this hearing. If you wish to use, mark or introduce demonstrative evidence (e.g., documents) at the hearing, then you must provide a copy of these in advance of the hearing date to the opposing counsel (assigned attorney) and the hearing officer. Any demonstrative evidence not possessed by all parties and the hearing officer at the time of the hearing may be barred from use.
This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") § 220; 9 NYCRR §§ 4002.8, 4002.9 and 4042.1(f); and State Administrative Procedure Act § 401(2), upon a finding of the Commission that the public safety and welfare imperatively require this emergency action in that 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’s Office of Counsel will, pursuant to Racing Law §§ 220 and 250, Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR, seek a ruling that the Commission should fine you in an amount not exceeding $25,000 per violation and/or suspend 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 Section 220(2) of the Racing Law and the applicable Commission rules at 9 NYCRR, as follows:
1. Your licenses to participate in pari-mutuel racing should be suspended or revoked and you should be fined in an amount not to exceed $25,000 for each violation pursuant to 9 NYCRR § 4042.1(f), in that, in the evening on July 30, 2020, you maliciously and intentionally let a two-year-old filly racehorse, named Pasta, out of her stall and barn (Barn #22) at Belmont Park, and shooed her away, when you were not an employee of the stable or permitted in the barn, which resulted in the filly running, falling, cracking her pelvis, severing an artery and dying from cardiovascular collapse, which constitutes an improper act or practice in relation to racing;
2. Your licenses to participate in pari-mutuel racing should be suspended or revoked and you should be fined in an amount not to exceed $25,000 for each violation pursuant to 9 NYCRR §§ 4002.8 and 4002.9 and Racing Law § 220, in that, your foregoing misconduct demonstrates that your character and general fitness are such that your continued participation in racing at this time will not be consistent with the public interest, convenience or necessity and with the best interests of racing generally; and
3. You should be excluded from the grounds of each racetrack in New York State, whether as a licensee, participant, or patron, pursuant to 9 NYCRR § 4042.4 and Racing Law § 220, based upon your foregoing misconduct.
PLEASE TAKE NOTICE that the hearing will be conducted pursuant to Section 220 of the Racing, Pari-Mutuel Wagering and Breeding Law, 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 should be requested in writing at least one week before the hearing date. 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 pursuant to Racing, Pari-Mutuel Wagering and Breeding Law §§ 116 and 250.
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 at least two business days before the date of the scheduled hearing. Absent a serious emergency matter, no requests for adjournments will be granted within two business days of the scheduled hearing date. To request an adjournment, you must contact the hearing officer at mhoblock@gmail.com with concurrent notice to the assigned counsel at rick.goodell@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 regarding a request for adjournment, approved by the Hearing Officer. If you fail to appear at the hearing, then you will be in default, the Commission may proceed in your absence with the hearing, and your appeal or request for a hearing may be deemed withdrawn.
***SUBSEQUENT HISTORY***
FINDINGS AND ORDER
Thoroughbred groom Ramzan (a/k/a Ramon) Antooa having been summarily suspended by the New York State Gaming Commission (“Commission”) on July 31, 2020 pursuant to Racing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”) § 220, 9 NYCRR §§ 4002.8, 4002.9 and 4042.1(f) and State Administrative Procedure Act § 401(2), pending a final disposition by the Commission whether Respondent should be fined in an amount not exceeding $25,000 per violation, excluded from all New York State racetracks as a licensee, participate and patron, and have his licenses to participate in pari-mutuel racing suspended or revoked, in that:
1. Respondent committed an improper act or practice in relation to racing in the evening on July 30, 2020 by maliciously and intentionally letting a two-year-old filly racehorse, named Pasta, out of her stall and barn (Barn #22) at Belmont Park and shooing her away, when neither an employee of the stable nor permitted in the barn, which resulted in the filly running, falling, cracking her pelvis, severing an artery and dying from cardiovascular collapse, in violation of 9 NYCRR § 4042.1(f);
2. Respondent’s character and general fitness are such, based on the foregoing, that his participation in pari-mutuel racing is inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, contrary to 9 NYCRR §§ 4002.8 and 4002.9 and Racing Law § 220; and
3. Respondent should be excluded, based on the foregoing, from all New York race tracks whether as a licensee, participant or patron pursuant to 9 NYCRR § 4042.4 and Racing Law § 220.
Respondent having received proper notice and having appeared for and participated in his hearing which, after an adjournment granted by the Hearing Officer with the consent of Respondent, was conducted on August 11, 2020;
The Hearing Officer having rendered his report on September 28, 2020, which is attached and incorporated into this Findings and Order; and
The Commission having met on October 14, 2020 and, after due deliberation, having adopted the Hearing Officer’s findings of fact and conclusions of law; now
THEREFORE, upon the record, the report of the Hearing Officer, and the findings and conclusions adopted, as modified, by the Commission, it is hereby
ORDERED, that Respondent Ramzan Antooa’s occupational license to participate in thoroughbred racing is revoked, and the Commission determines further that he shall be ineligible to reapply for a license for his lifetime, for having committed the aforesaid violation of 9 NYCRR § 4042.1(f) and in that his misconduct establishes that the standards for license revocation and exclusion pursuant to Racing Law § 220 and 9 NYCRR §§ 4002.8, 4002.9 and 4042.4 have been met;
ORDERED, that Respondent Ramzan Antooa shall not directly or indirectly participate in New York pari-mutuel horse racing, he is denied the privileges and use of the grounds of all racetracks, and he is forbidden to participate in any share of purses or other payment. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York, further, that is (a) owned or trained or groomed by him, or any individual who serves as his agent or employee, during his revocation; or (b) for which he, during his revocation, is involved, directly or indirectly, with its training, including but not limited to any arrangements made to care for, groom, train, enter, race, invoice, collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist with any aspect of the care and training of the horse; and
ORDERED, that Respondent Ramzan Antooa shall be denied admission to and is hereby excluded whether as a licensee, participant or patron from all race tracks licensed by the Commission for his lifetime.
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