by TD Thornton & Bill Finley
The New York State Game Commission (NYSGC) on Monday heard two unrelated penalty appeals by a timekeeper and a coach by flatly rejecting the recommendation of two separate hearing officials. that such cases will be dismissed without penalty.
In both cases, the commissioners voted unanimously to apply the original penalties that had been imposed by Braulio Baeza, Jr., NYSGC state manager at three New York Racing Association (NYRA) tracks ).
Monday’s vote means coach Orlando Noda now has to pay a $5,000 fine, get a 90-day suspension and complete an anger-management course before being reinstated for “for excessively hitting his horse while riding.” training horses at Saratoga . Racecourse on August 5, 2021,” according to the NYSGC.
And Richard Gazer, a longtime NYRA watchmaker, was fined $2,500 and given a 30-day suspension “for altering published work about a horse to make that horse eligible for the race. racing,” the NYSGC ruled.
It is somewhat unusual for officers to completely dismiss the combined number of days they conduct hearings and the number of months they spend writing reports. But in some jurisdictions, racing commissioners don’t necessarily accept the opinions of officials they hire to hear appeals.
Drew Mollica, who represents Noda, said TDN In a phone interview, he was surprised by the NYSGC’s decision.
“This is crazy. I just say to my colleagues, ‘I win, but I lose,'” Mollica said.
“This is madness. The hearing officer is the person who heard the evidence. On what basis, and what evidence did the committee use to refute the hearing officer’s recommendation?” Mollica asked rhetorically.
Noda, who has been training since 2019, is also licensed as a gymnast.
In reading the filing of the decision, NYSGC Chairman Brian O’Dwyer said, “The committee has reasonably considered and considered this matter, and decided by a 6-0 vote to reject it. the hearing officer’s report and recommendation. In doing so, the commissioners reviewed the entire record and determined by a variety of evidence that Noda’s conduct was improper and detrimental to the best interests of the race, and determined that the Appropriate penalties are imposed by managers.
Mollica said he would talk to Noda about using “all legal means at his disposal” to fight the commission’s order, “because the hearing officer cleared him and found that He did nothing wrong.”
Gazer’s punishment stemmed from a May 19, 2022, ruling in which the committee claimed he “changed”[ed] training time of a horse in training at Belmont Park.”
The horse in question, Papi On Ice (Keen Ice), was originally credited with the 5-hair length in 1:04.60. The work was then changed to half a mile in: 51.33.
Because Papi On Ice was beaten by more than 25 lengths in its previous start, that result led to its inclusion on the NYRA’s “poor performer” list. To get off that list, a horse must run half a mile in :53 or faster. But the rule doesn’t allow workouts beyond half a mile.
Because the Papi On Ice practice session was originally announced to be a 5-mile move, the racing office would not accept the foal’s participation in a race.
Gazer said DRF.com back in May that the length of the job was unchanged, but the gap was shortened to comply with the NYRA rule. He didn’t time the Papi On Ice himself, but a junior timekeeper told him the horse was on time half a mile as part of a longer five-eighth wind.
“This is a joke. It really is,” said Gazer TDN December 12. “I’ve been doing this for 40 years. The horse was on another training track, had gone half a mile, galloped five-eighths and the trainer, Randi Persaud, wanted a five-eighth time. But they have a rule that he has to work out half a mile. That’s a stupid rule. They called me and I said I would change it. That’s not a big deal. That is: 51 for one half or 1:04 and something for five eighths.
Gazer continued: “We had a seven-hour hearing, [the hearing officer] suggest they drop all fees. And then they do this. It makes no sense at all.”
Chairman O’Dwyer said Monday that the commissioners viewed the matter differently.
“The committee reviewed the entire file [and] O’Dwyer said. “And in particular, find that conduct is inappropriate in relation to commission rule 4042.1(f).”
That rule prohibits “improper, corrupt or fraudulent” conduct or conduct that involves racing or conspiring or assisting another in such conduct or conduct.
Along with O’Dwyer, NYSGC commissioners John Crotty, Peter Moschetti, Jr., Christopher Riano, Marissa Shorenstein, and Jerry Skurnik all voted in favor of rejecting the hearing officers’ recommendation not to fine two people. Licensing.
The trustees did not contest or discuss the details of the two cases in the open, public meeting, which is standard for how the NYSGC typically issues the outcome of an appeal after the hearing officer issues a report.
Based on past practice, the NYSGC typically receives such reports and votes on the hearing officer’s recommendation at some point prior to the meeting, and the chair then reads the results into the file at the meeting. When the meeting begins, explain the voting in a sentence or two.
Karen Murphy, the attorney representing Gazer, said TDN in an email saying, “In my 30 years working before the Game Commission (and its predecessors), this has never happened….The decision in this matter depends on the credibility of the witnesses. be provided. In requesting the dismissal of all charges, including the allegation of ‘fraud, corruption’, the Designated Hearing Officer made a decision in favor of Mr Gazer’s confidence. Today, the Commission rejects that credence [and] did so without giving any particular reason or finding…”
Murphy added that the NYSGC’s ruling against her client resulted in the failure of the open government trial, “and in doing so, they have failed miserably in their obligations under the law to with Mr. Gazer. We look forward to correcting this mistake.”
The penalties for Noda and Gazer will take effect within days of the official publication of the committee’s findings and orders.
