Gaming Commission Rulings Database
| Licensee: ANTHONY M. MELFI |
| Licensed As: OWNER RENEWAL |
| Notice Number: MO 28-2021 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 04/26/2021 |
| Ruling Type: Other |
| Rule(s): 4038.1(a) |
| Ruling Text: PLEASE TAKE NOTICE that, on April 11, 2021, pursuant to 9 NYCRR § 4039.5, Flying P Stables and trainer Bruce N. Levine (“Appellants”) appealed a decision of the stewards at Aqueduct Racetrack made that day, to return the horse Noble Thought to owners Beast Mode Racing LLC and Robert N. Falcone upon voiding a claim on April 10, 2021 that had been awarded to an ineligible claimant.
A hearing on this matter will be held on April 29, 2021 at 9:15 a.m. before Commissioner Peter J. Moschetti, Jr., who has been designated to determine the matter on behalf of the New York State Gaming Commission (“Commission”).
The New York State Gaming Commission ("Commission") conducted a hearing in this matter pursuant to 9 NYCRR § 4039.5 upon the request of Flying P Stables and trainer Bruce N. Levine (“Appellants”), concerning a decision of the stewards at Aqueduct Racetrack made April 11, 2021, to return the horse Noble Thought to owners Beast Mode Racing LLC and Robert N. Falcone, Sr. upon voiding a claim on April 10, 2021 that had been awarded to an ineligible claimant.
The Commission designated Commission Member Peter Moschetti to decide the matter.
Appellant and all interested parties received notice of the hearing held on April 29, 2021. Appellant participated through counsel Andrew J. Mollica, Esq. Also present were owners Robert Falcone, Jr. and Robert Falcone, Sr. of Beast Mode Racing LLC, represented by counsel Daniel Tanon, Esq.; and trainer Oscar Barrera III. Affidavits in support of Appellant’s position were submitted through Andrew Mollica by Steven Sigler, managing owner of Winning Move Stable; George Weaver as trainer for owner James Politano; Oscar Barrera III as trainer for Three Players Stable and Adam Portnott; and owner Jason Provenzano of Flying P Stables.
Commission Member Moschetti at the hearing obtained the stipulation on the record of the parties to the facts and heard argument from counsel for Appellant and counsel for Beast Mode Racing LLC. After due deliberation, Commissioner Moschetti stated his findings and order on the record, as set forth in the transcript attached and incorporated herein, as amended by the attached errata sheet, which is also incorporated herein.
The Order entered by the Commission, through its duly delegated representative Commissioner Moschetti on April 29, 2021, states as follows:
ORDERED, the decision of the stewards not to conduct a second shake after determining the original winner of the claim was ineligible, and to instead return Noble Thought to original owners Beast Mode Racing LLC and Robert Falcone, Sr., is reversed.
ORDERED, the stewards shall conduct a new drawing by lot among the remaining eligible claimants to determine ownership of horse Noble Thought.
ORDERED, the stewards shall order immediate delivery of Noble Thought to the winner of the new drawing by lot.
ORDERED, the winner of the new drawing by lot shall pay the claiming price of $25,000.00 for Noble Thought as though such winner had been determined on April 10, 2021.
ORDERED, the winner of the new drawing by lot shall reimburse Beast Mode Racing LLC and Robert Falcone, Sr. the reasonable and accepted cost of custody and care of Noble Thought for the time Noble Thought spent in the custody of Beast Mode Racing LLC and Robert Falcone, Sr. subsequent to the 6th race on April 10, 2021 until turned over to the winner of the new drawing by lot.
We are currently conducting hearings only by videoconference due to the COVID-19 health emergency. Please note, you must contact our office at (518) 388-0921 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 Noble Thought, owned by Beast Mode Racing LLC and Robert N. Falcone entered and ran in the 6th Race at Aqueduct Racetrack on April 10, 2021. That race was a claiming race in which a horse could be claimed for a claiming price of $25,000.
2. Seven claims were entered for the horse Noble Thought. The potential claimants were as follows:
• GMP Stables LLC & F Bellavia LLC (trainer Brad H. Cox);
• Three Players Stable & Adam Portnott (trainer Oscar S. Barrerea III);
• Flying P Stables (trainer Bruce N. Levine);
• Winning Move Stable (trainer Linda Rice);
• Andrew Gurdon & Gustav Rodriguez (trainer Rudy Rodriguez);
• James Politano (trainer George Weaver);
• Krakow Racing LLC & America’s Pastime Stables (trainer Mertkan Kantarmaci).
3. After the race, the three stewards conducted a drawing by lot (also known as a “shake”) at the track to determine the disposition of the horse. Tokens representing each of the seven claimants were included in the drawing.
4. GMP Stables LLC was drawn as the winning claimant.
5. After the drawing, the stewards determined that GMP Stables LLC was ineligible to claim the horse and voided the claim.
6. The stewards declined to conduct a second drawing among the remaining eligible claimants to determine ownership of Noble Thought.
7. The horse Noble Thought was returned to original owners Beast Mode Racing LLC and Robert N. Falcone.
8. Appellants made a timely appeal of the stewards’ decision not to conduct a second drawing to determine ownership of Noble Thought.
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 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 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 Appellants to appear may result in the appeal being deemed withdrawn. |
Note that the above data is current as of 7:17 AM EDT, Tuesday, May 07, 2024 and subject to change as more information becomes available.
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