Gaming Commission Rulings Database
| Licensee: JOSEPH J. CHINDANO JR |
| Licensed As: OWNER-TRAINER-DRIVER-GROOM |
| Notice Number: BR 14-2023 |
| Racing Type: Harness |
| Track: Buffalo Raceway |
| Notice Date: 04/29/2023 |
| Ruling Type: Fine & Suspension |
| Rule(s): 4117.8 (c) |
| Ruling Text: Mr. Joseph Chindano Jr, while driving #4 FOX VALLEY CHARLIZ , in the 7th race at Buffalo Raceway on April 22nd ,was in violation of the whipping rule, while approaching the 3/4 mile pole and after the 3/4 mile pole. This is Mr Chindano's 4th whipping violation within the past 365 days. Mr Chindano is hereby fined $1000.00 (fine paid) and issued 20 day driving suspension to be served December 21st, 2023 through and including January 9th, 2024.. Further violations of this nature will result in greater penalties. This is a DRIVING suspension only.
FINDINGS & ORDER
BR 14-2023
The New York State Gaming Commission ("Commission") conducted a hearing as requested by Joseph J. Chindano Jr. (“Respondent”), after Respondent received notice that the Commission fined Respondent $1,000 and issued Respondent a driving suspension from harness racing for 10 calendar days because the Commission found that Respondent used the whip in an excessive manner while driving horse Fox Valley Charliz in the 7th race at Buffalo Raceway on April 22, 2023, in violation of 9 NYCRR § 4117.8(c) and that this violation was Respondent’s fourth whipping violation within the previous 365 days.
Respondent received proper notice and appeared at a hearing on August 8, 2023. The hearing was conducted on the grounds set forth in the Notice of Hearing dated July 7, 2023.
The Hearing Officer rendered a Hearing Officer Report and Recommendation (the “Report”) on November 3, 2023, which is attached and incorporated herein.
The Commission met on December 4, 2023, and after consideration and due deliberation of the entire record, adopted the Hearing Officer’s findings of fact and conclusions of law and modified the Report’s recommendation as to the penalty imposed due to Respondent’s extensive history of violations.
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 shall serve a suspension for a period of 20 calendar days, to be assigned by the presiding judge; and
ORDERED, that Respondent shall pay a $1,000 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
December 5, 2023
FOR THE NEW YORK STATE GAMING COMMISSION:
Kristen M. Buckley, Acting Secretary
|
| Suspended: 12/21/2023 to 01/09/2024 (20 days) |
| Fined: $1000.00 |
Note that the above data is current as of 8:13 AM EDT, Monday, May 06, 2024 and subject to change as more information becomes available.
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