Gaming Commission

Gaming Commission Rulings Database

Licensee: DAVID S. RUSSO
Licensed As: Trainer, Provisional, Driver, Groom
Notice Number: BD 37-2022
Racing Type: Harness
Track: Batavia Downs
Notice Date: 12/17/2022
Ruling Type: Fine & Suspension
Rule(s): 4102.1, 4102.3, 4120.2 (e)(9), 4120.4, 4120.5
Ruling Text:
As trainer of record of horse #5 (Excaliber Seelster) who raced in race 12 at Batavia Downs on Saturday, October 22, 2022 you are responsible for the gelding having tested positive for altrenogest.  The horse was disqualified from its 2nd-place finish and all purse money from that finish was returned and redistributed.
Having appeared before a representative of the NYS Gaming Commission, and waived your right to appeal, and the Commission considering the circumstances, your suspension is reduced from 15 days to  seven days.  The fine is reduced from $1000 to $500.   Your suspension begins on December 18, 2022 and goes through December 24, 2022.  You are eligible to return on December 25, 2022 provided that your fine has been paid.  ORDERED, that during the period of suspension, respondent, David Russo shall not directly or indirectly participate in New York state pari-mutuel racing, he shall be denied privilege of the grounds of New York State racetracks, and he shall be forbidden to participate in any share of the purses.  In addition, every horse shalll not participate in pari-mutuel racing (i) that is owned or trained by David Russo during his period of suspension, (ii) that is owned or trained by any individual who continues to serve as his agent or employee during his period of suspension, or (iii) for which he directly or indirectly makes or executes, during his period of suspension, any arrangement with an owner or other person to care for, train, enter in a race, invoice, collect fees or other payments related to, employ workers for, or otherwise handle.  
Suspended: 12/18/2022 to 12/24/2022 (7 days)
Fined: $500.00

Note that the above data is current as of 11:32 PM EDT, Sunday, April 28, 2024 and subject to change as more information becomes available.

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