Gaming Commission Rulings Database
| Licensee: MICHAEL GARAFOLA |
| Licensed As: GENERAL SERVICES |
| Notice Number: YR 71-2020 |
| Racing Type: Harness |
| Track: Yonkers Raceway |
| Notice Date: 03/16/2021 |
| Status: CLOSED |
| Ruling Type: Finding & Order |
| Rule(s): 4119.9(a) |
| Ruling Text: On or about August 24th, 2020 you ajusted the shims on the harrow at one eighth of an inch without the permission of your supervisor (Kim Crawford). No license of the Commission shall commit any act that though not specified in this Subchapter, constitutes conduct detrimental to the best interest of racing. Having filed an appeal a stay has been granted pending final determination by the commission.. The Fine must be paid by the delinquincy date or further action will result against your liscense.
***SUBSEQUENT HISTORY***
FINDINGS AND ORDER
The New York State Gaming Commission ("Commission") conducted a hearing in this matter pursuant to Racing, Pari-Mutuel Wagering and Breeding Law (“RWL”) § 321, Article 3 of the State Administrative Procedure Act and 9 NYCRR Part 4550 at the request of Michael Garafola (“Respondent”), concerning Ruling YR 71-2020 of the Presiding Judge at Yonkers Raceway, which suspended his license and imposed a fine of $1,000.00 for adjusting the shims on the harrow without permission from his supervisor. The Notice of Hearing alleged that his conduct violated of 9 NYCRR § 4119.9(a). Respondent received proper notice and appeared at a hearing on January 13, 2021. The Hearing Officer rendered a report on February 9, 2021, which is attached and incorporated herein.
THE COMMISSION met on March 15, 2021 and after due deliberation declined to adopt the Hearing Officer’s findings of fact and conclusions of law. The Commission concluded that while the facts demonstrated a potential personnel matter that Respondent’s employer, MGM Grand, might act upon, the conduct did not establish a violation within the meaning of 9 NYCRR § 4119.9(a).
THEREFORE, upon the record, it is
ORDERED, that Ruling YR 71-2020 is rescinded and there shall be no action regarding Respondent’s license with regard to the conduct alleged in such Ruling. |
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