Gaming Commission Rulings Database
| Licensee: THOMAS S. LAMARCA JR |
| Licensed As: OWNER RENEWAL |
| Notice Number: MO 177-2020 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 08/31/2020 |
| Status: CLOSED |
| Ruling Type: Fine & Suspension |
| Rule(s): n/a |
| Ruling Text: PLEASE TAKE NOTICE that, pursuant to 9 NYCRR § 4039.5, LaMarca Racing Stable (“Appellant”) appealed a decision of the stewards at Saratoga Race Track that awarded the horse Super Dude to Spedale Family Racing, LLC by claim on August 22, 2020.
A hearing on this matter will be held on September 1, 2020 at 10:00 a.m. before Commissioner Peter Moschetti, who has been designated to determine the matter on behalf of the New York State Gaming Commission.
We are currently conducting hearings only by videoconference due to the COVID-19 health emergency. 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.
Unless a motion is granted otherwise at the hearing, this appeal shall be decided upon the following facts:
1. The horse Super Dude entered and ran in the 4th Race at Saratoga Race Track on August 22, 2020. That race was a claiming race in which a horse could be claimed for a claiming price of $20,000.
2. Nine claims were entered for the horse Super Dude in regard to such race.
3. After the race, the three stewards conducted a drawing by lot (the First Drawing) at the track to determine the disposition of the horse. Tokens representing each of the nine claimants were included in the First Drawing.
4. LaMarca Racing Stable was drawn as the winning claimant in the First Drawing.
5. After the First Drawing, it was brought to the attention of the stewards that one of the nine claims had been made by party ineligible to claim.
6. Other than the inclusion of a token in the First Drawing representing the ineligible claimant, there was no defect in the First Drawing.
7. The stewards conducted a second drawing by lot (the Second Drawing) at the track. Tokens representing each of the eight eligible claimants were included in the Second Drawing. A token was omitted for the ineligible claimant in the Second Drawing.
8. Spedale Family Racing, LLC was drawn as the winning claimant in the Second Drawing.
9. The stewards awarded the claim of the horse Super Dude to Spedale Family Racing, LLC. The horse Super Dude was delivered from the post-race test barn to Spedale Family Racing, LLC and has remained in the custody of Spedale Family Racing, LLC since such delivery.
10. LaMarca Racing Stable made a timely appeal of the stewards’ decision to award the claim to Spedale Family Racing, LLC.
Commissioner Moschetti will hear argument from interested parties on what result should occur based upon the facts set forth herein. Should a party wish to advocate the consideration of any additional fact not set forth herein, such party shall make a motion to Commissioner Moschetti at the hearing for his consideration, setting forth why such additional fact would be material to the Commission’s decision.
PLEASE TAKE NOTICE that you may be represented by counsel and present 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 immediately. You are responsible to deliver this Notice of Hearing to your attorney, if you have or retain one.
If you fail to appear at the hearing, then the Commission may proceed in your absence with the hearing. The failure of the Appellant to appear may result in the appeal being deemed withdrawn. |
| Suspended: to ( days) |
| Fined: $.00 |
Note that the above data is current as of 9:46 PM EDT, Wednesday, May 01, 2024 and subject to change as more information becomes available.
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