Belmont Park | Horsephotos
Coach Robert Klesaris and his attorney Drew Mollica filed an appeal against the Battalion (Tiznow) claim of nullity following Wednesday’s race at Belmont Park May 28 with the New York State Game Commission. Mollica has filed a brief representing Klesaris and owner Mike DeBella and the matter will be heard by Peter Moschetti on June 7.
The battalion finished seventh in the May 28 race, and when no claim was received, Klesaris said he took the horse back to his stable. After being informed that trainer Rob Atras and owner Sanford Goldfarb had indeed won the swing for the 5-year-old foal, Klesaris took the horse to the testing stables, where it arrived shortly after 2:49 p.m. , according to records. At 3:14 pm, Klesaris was informed by Stewart Brooke Hawkins that the claim had been dropped because the horse was not at the test stall. The void was later confirmed by the New York Game Commission, Braulio Baeza.
In the filing, Klesaris sought to ask the committee to remove the invalidation request and transfer ownership of the Battalion to Atras and Goldfarb.
“Our position is clear and unwavering,” said Mollica. “There is no reason for the claim to be dropped. Mr. Klesaris obeys every rule and every order of the Game Commission. The horse was brought back to the test barn promptly as soon as he was notified. The horse should have been moved at that time. There is no reason or rule that a claim should be dropped. The verdict against Frank Gabriel was a smokescreen for the false invalidity of this claim. “
Emails requesting comment from the Game Commission were not returned by the publication deadline.
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This story was posted in Top News and tagged Belmont Park, Braulio Baeza, Drew Mollica, New York Racing Association, New York State Game Commission, Rob Atras, Robert Klesaris, Sanford Goldfarb.
