By Bill Finley
The New York State Supreme Court, Appellate Division has ruled against trainer Todd Pletcher in his appeal of a 10-day suspension and $1,000 fine he received after Forte (Violence) tested positive for Meloxicam in the 2022 GI Hopeful Stakes.
A separate matter, regarding whether or not Forte should be disqualified, is still pending.
It was not immediately clear whether or not Pletcher would have to begin serving his suspension.
In May of 2023, it was announced that Forte had tested positive for what is a nonsteroidal anti-inflammatory medication.
Pletcher issued a statement after the positive was announced, stating his innocence. It read: “This horse came into our care on March 25, 2022, He was never prescribed or administered meloxicam under our care.”
After the initial ruling, Pletcher appealed the stewards' ruling and brought the matter before a hearing officer, who upheld the original suspension. The next step for Pletcher was to file for an Article 78 proceeding. That took the case away from the Gaming Commission and into the court system.
In ruling against Pletcher, the court found that the hearing officer and the Commission did their jobs correctly and that their interpretation of the “Absolute Insurer” rule was legally sound.
Pletcher attorney Drew Mollica argued that the Gaming Commission had misinterpreted the seven-day window for nonsteroidal anti-inflammatory drugs (NSAIDs) when the matter went before a hearing office. The court rejected that, and other arguments from the petitioner, determining that a post-race positive constitutes a violation.
“Accordingly, petitioner's contentions that he did not receive a fair hearing are without merit,” the judge ruled. “Petitioner's remaining arguments, to the extent not specifically addressed, have been examined and found to be lacking merit.”
“The court, in their decision, denied Todd Pletcher's appeal on numerous grounds,” Mollica said. “Obviously, we don't agree. We are reviewing it now and are weighing our option regarding an appeal.”
Not a subscriber? Click here to sign up for the daily PDF or alerts.
