Gaming Commission

The New York State Gaming Commission ("Commission") conducted a hearing in this matter pursuant to Section 321 of the Racing, Pari-Mutuel Wagering and Breeding Law (Racing Law), Article 3 of the State Administrative Procedure Act, and Part 4550 of the Commission's rules at 9 NYCRR, at the request of driver Phillip Fluet ("Respondent") concerning Ruling SR 37-2020 of the Presiding Judge at Saratoga Raceway, which suspended him for a period of racing days for slowing his horse improperly and causing one or more other horses in the race to take up abruptly and break stride in the 10th race at Saratoga Raceway on August 17, 2020. The Notice of Hearing alleged that his conduct violated of 9 NYCRR §§ 4117.4(i) and (m).

Respondent received proper notice and participated with the assistance of his counsel at a hearing conducted on September 30, 2020. The Hearing Officer rendered his report on October 25, 2020, which is attached and incorporated herein.

The Commission met on November 30, 2020, 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 Respondent did not violate 9 NYCRR § 4117.4(m);

ORDERED, that Respondent be suspended for three race days for a violation of 9 NYCRR § 4117.4(i); provided, however, Respondent’s three-day suspension shall be stayed and thereafter discharged unless, during a period of six months from the date of this Findings and Order, Respondent commits a violation of any Commission rule; and