Gaming Commission

Gaming Commission Rulings Database

Licensee: AMIRA CHICHAKLY
Licensed As: TRAINER
Notice Number: BL 3-2021
Racing Type: Thoroughbred
Track: Belmont Park (NYRA)
Notice Date: 09/17/2021
Status: HEARING REQUESTED
Ruling Type: Finding & Order
Rule(s): 4022.13, 4038.4, 4022.11
Ruling Text:
On August 4th 2021 horse ( Mach One ) was claimed out of the 2nd race at Saratoga racecourse by Trainer Amira Chichakly for owners Frank Catapano and Nicholas Primpas. On August 7th 2021 horse ( Mach One ) was transferred to Trainer Wayne Potts. This is a violation of claiming rule #4038.4 Sale transfer restricted. For this action Trainer Amira Chicakly is hereby fined the sum of two thousand ($2,000) dollars having appealed a stay has been granted.
 
 
NEW YORK STATE GAMING COMMISSION_______
 
IN THE MATTER OF AMIRA CHICHAKLY   FINDINGS AND ORDER
                    BL 3-2021
____________________________________________
The New York State Gaming Commission ("Commission") conducted a hearing in this matter pursuant to Racing, Pari-Mutuel Wagering and Breeding Law (“RWL”) § 220(3), Article 3 of the State Administrative Procedure Act, and 9 NYCRR Part 4550 at the request of Amira Chichakly (“Respondent”), after the Commission fined Respondent $2,000 for her participation in an unauthorized transfer of a horse through the claiming procedure in Thoroughbred racing because the Commission found that Respondent violated 9 NYCRR § 4038.4 when a horse Respondent claimed was transferred to a new trainer within 30 days from the date of the claim.
Respondent received proper notice and appeared at a hearing on November 10, 2021.
The Hearing Officer rendered a Report on January 11, 2022, which is attached and incorporated herein.
The Commission met on February 28, 2022, and after consideration and due deliberation of the entire record, adopted the Hearing Officer’s findings of fact and conclusions of law.
THEREFORE, based upon the entire record (including, without limitation, the evidence specifically relied upon by the Hearing Officer), the report of the Hearing Officer, and the findings and conclusions adopted by the Commission, it is hereby
ORDERED, that Respondent violated 9 NYCRRR § 4038.4; and
ORDERED, that Respondent shall pay a $2,000 fine within 30 days of Respondent’s receipt of this notice, which is deemed to have occurred five days after the date of this notice, pursuant to New York’s State Finance Law § 18. Any failure to make such payment by such date will result in the assessment of interest or a later payment charge and may result in a charge to cover the cost of processing, handling, and collecting such debt.
DATED: SCHENECTADY, NEW YORK
 February 28, 2022
         FOR THE NEW YORK STATE
       GAMING COMMISSION:
 
       _____________________________
       Kristen M. Buckley, Acting Secretary

Note that the above data is current as of 4:17 AM EDT, Tuesday, May 07, 2024 and subject to change as more information becomes available.

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