Gaming Commission

Gaming Commission Rulings Database

Licensee: GREGORY MERTON
Licensed As: OWNER-TRAINER-DRIVER
Notice Number: MR 72-2020
Racing Type: Harness
Track: Monticello Raceway & Mighty M Gaming
Notice Date: 03/15/2021
Ruling Type: Finding & Order
Rule(s): 4117.8 {c}
Ruling Text:
While driving # 6 (Weekend Wit BigD)  you did use your whip in an excessive manner through the stretch.  Any further violations of this nature will result in increased penalties.  This ruling is under appeal
 
*****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 Gregory Merton (“Respondent”), concerning Ruling MR 72-2020 of the Presiding Judge at Monticello Raceway, which fined the Respondent $300.00 for using his whip in an excessive manner. The Notice of Hearing alleged that his conduct violated of 9 NYCRR § 4117.8(c). Respondent received proper notice and appeared at a hearing on January 14, 2021. The Hearing Officer rendered a report on February 15, 2021, which is attached and incorporated herein.
 
THE COMMISSION met on March 15, 2021 and after due deliberation adopted the Hearing Officer’s findings of fact and conclusion of law.
 
THEREFORE, upon the record, the Report of the Hearing Officer, and the findings and conclusions adopted herein, it is
 
ORDERED, Respondent is fined $300.00 dollars.

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