Gaming Commission Rulings Database
| Licensee: TIMOTHY P. MURPHY |
| Licensed As: OWNER-TRAINER |
| Notice Number: FL 20-2022 |
| Racing Type: Thoroughbred |
| Track: Finger Lakes Gaming & Racetrack |
| Notice Date: 09/01/2022 |
| Ruling Type: Fine |
| Rule(s): 4022.11, 4022.12, 4022.13, 4022.16, 4022.21 |
| Ruling Text: Owner/Trainer Timothy Murphy is fined $1000.00 and denied entering the paddock for one month, Thursday, September 1, 2022 through Friday, September 30, 2022, for disrespecting and intimidating behavior toward an employee of Finger Lakes Racing Association in the paddock before the running of the 8th race on August 16, 2022. This ruling comes after concideration of Owner/Trainer Timothy Murphy having been sited for similar offenses in the past. This ruling is stayed pending outcome of Appeal filed September 1, 2022.
FINDINGS & ORDER
FL 20-2022
The New York State Gaming Commission (“Commission”) conducted a hearing,
as requested by Timothy P. Murphy (“Respondent”), after Respondent received notice of the Commission’s fine of $1,000 and a one-month suspension of Respondent from participating in Thoroughbred Racing in the paddock area for action detrimental to the best interests of racing. The violation notice cited 9 NYCRR §§ 4002.11, 4022.12, 4022.13, 4022.16 and 4022.21. The hearing was conducted on the grounds set forth in the Amended Notice of Hearing dated December 1, 2022. The Amended Notice of Hearing charged that Respondent should be fined and Respondent’s occupational license should be suspended or revoked based on conduct detrimental to the best interests of racing in violation of Commission regulation 9 NYCRR §§ 4022.12 and 4022.13, and
pursuant to Racing, Pari-Mutuel Wagering and Breeding Law §§ 116 and 220(3) and 9 NYCRR §§ 4002.11, 4022.16 and 4022.21.
Respondent received proper notice of, and participated in, a hearing conducted by video conference on January 26, 2023.
The Hearing Officer submitted a Hearing Officer Report dated February 20, 2023 (the “Report”) to the Commission for deliberation. The Report is attached hereto and incorporated herein. The Commission met on March 27, 2023, and after consideration and due deliberation of the entire record, modified the Hearing Officer’s Report as to the penalty imposed because the Commission concluded that the modified penalty was more appropriate given the facts and circumstances of this matter.
THEREFORE, based upon the entire record (including, without limitation, the evidence specifically relied upon by the Hearing Officer), the Report, and the findings and conclusions adopted by the Commission, it is hereby
ORDERED, that Respondent is fined $350.00 with the collection of the fine suspended for one year from the date of this Findings and Order and such fine shall be nullified one year from the date of this Findings and Order so long as Respondent commits no other violations of Commission rules within such year. Should Respondent commit a violation of Commission rules within such year, the $350.00 fine shall be payable within 30 days of Respondent's receipt of notice of such violation from the Commission, and any failure to make such payment by the delinquency date will result in the assessment of interest and/or late payment charges and may result in other collection charges.
DATED: SCHENECTADY, NEW YORK
MARCH 28, 2023
FOR THE NEW YORK STATE GAMING COMMISSION:
KRISTEN M. BUCKLEY, ACTING SECRETARY |
| Fined: $350.00 |
Note that the above data is current as of 1:37 AM EDT, Monday, April 29, 2024 and subject to change as more information becomes available.
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