Well he was right but never did he imagine that he would be recognised as the trainer of the year for In balancing the relative weight of these interests against the state’s it is well to note that even though the state alleges a need for immediate action, the initial suspension decision in plaintiff’s case took sixteen days. A subsequent polygraph examination was administered to plaintiff at the behest of the NYSRWB the next day and the results were similarly exculpatory. Year in and year out, Salerno is a force at Pocono, and he’s been picking up steam of late, including a training double on Sunday night and three wins for the week. Plaintiff argues that this difference in treatment is an unconstitutional denial of equal protection of law. Exoneration by a review board cannot restore lost racing dates and terminated training contracts.

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In the conduct of such hearing the commission shall not be bound by technical rules of evidence, but all evidence offered before the commission shall be reduced to writing, and such evidence together with the exhibits, if any, and the findings of the commission, shall be permanently preserved iohn shall constitute the record of the commission in such case.

Exoneration by a review board cannot restore lost racing dates and terminated training contracts. Authorities 33 This opinion cites: The trotter of the year in was Nohn Craig. Kennedy, supra and Goss v. In short, a legislature should be able to adopt any means that are reasonably effective in achieving a valid legislative end or ends.

Mohegan Sun at Pocono Downs Week in Review

Please review our privacy policy Maintained online by webmaster ustrotting. Moreover, since Section already provides for Board review hearings, requiring the expedition of such hearings is a scant additional burden for the state. New career on horizon for Nutmegs Desire. Two days later plaintiff was informed by the presiding steward [4] at Monticello that a post-race urinanalysis revealed the presence of “Lasix” [5] in “Be Alert’s” system.


The gutsy then 5-Year-Old was winning on the front end, while closing, and with several different drivers at several different tracks. Defendants admit that an unsuccessful attempt was made to determine the actual party responsible for the drugging of “Be Alert” and that only after such efforts proved fruitless was plaintiff suspended under the trainer “insurer” rule.

Owner returns to sport with ‘Marquee’ trotter – Harness Racing Newsroom – USTA – USTROTTING

Where resolution of the federal constitutional question is dependent upon, or may be materially altered by, the determination of an uncertain issue of state law, abstention may be proper in order to avoid unnecessary friction in federal-state relations, interference with important state functions, tentative decisions on questions of state law and premature constitutional adjudication.

But after the race in the paddock, the owner and his family and friends sported smiles that indicated they are looking forward to an exciting stakes season ahead.

Defendant argues that the trainers accept their licenses with full knowledge and understanding of the NYSRWB rules and procedures and, therefore, cannot be heard to complain about them. The Gansevoort resident posted 63 wins and earned almost a half a million dollars in purses. Year in and year out, Salerno is a force at Pocono, and he’s been picking up steam of late, including a training double on Sunday night and three wins for the week. The month of June arrived at Mohegan Sun at Harndss Downs and brought with it some of the most competitive racing we’ve had all year long.

All times are GMT The statute provides for a hearing by the Board at the request of an aggrieved party, but states: American Horse Shows Ass’n, Inc. The action of the commission in refusing to grant a license or in revoking or suspending a license shall be reviewable in the supreme court in the manner provided by and subject uohn the provisions of article seventy-eight of the civil practice act.



If the state could show that harness racing was more prone to corruption or fraudulent manipulation, then there might be justification for imposing stricter sanctions, but it has hardly supported the separate procedural classification established by Section Defendant has been offered an opportunity to prove the existence of such differences and to prove that they reasonably relate to the differences in treatment effected by Sections and but has not come forward with any proof.

Driver Simon Allard didn’t panic though, biding his time until the stretch when he cut loose Anderlecht bacrhi another move. Lass A Rope schools her elders.

Both examinations indicated plaintiff’s innocence in the drugging of “Be Alert. A trainer is responsible for the condition, fitness, equipment and soundness of each horse at the time it is declared to race and thereafter when it starts in a race.

Make this country default. Nevertheless, on July 10th, plaintiff received a fifteen-day suspension for violation of the so-called trainer’s “insurer” rule from John Fahey, the presiding steward and judge at Monticello. This material may not be published, broadcast, rewritten or redistributed in any form without the expressed, written consent of the U.

Upon plaintiff’s posting of security the Court, on July 13,temporarily restrained defendants from further execution of the Harnesss disputed decision and defendants, in turn, moved for dismissal of the complaint for lack of subject matter jurisdiction. Hammer, New York City, of counsel. Find More Posts by pandy.

Mickey Mcgivern has trained horses for a couple of decades but he has never had a year like he had in Plaintiff, John Barchi, is a duly licensed harness racing trainer.