Article 78

Court Throws Out Fine, Suspension Against Pletcher After Bute Positive

In a unanimous decision, the State of New York Supreme Court, Appellate Division Third Judicial Department, has thrown out a 14-day suspension and a $2,000 fine that was originally handed down by the Commission to Todd Pletcher after a horse he trained tested positive for an overage of phenylbutazone (bute) following a July 30, 2022 race at Saratoga, and has remanded the matter back to the New York Gaming Commission for a rehearing. The horse in question, Capensis (Tapit), finished sixth in the allowance race. In affirming Pletcher's petition in...

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Denied Commission Stay, Trainer Noda Fights NYSGC Penalty in Court

In an effort to fight a 90-day suspension and $5,000 fine for "striking a horse excessively" during a 2021 workout at Saratoga Race Course, trainer Orlando Noda has commenced proceedings in Schenectady Supreme Court that he hopes will prove the New York State Gaming Commission (NYSGC) acted unlawfully last month when it rejected an appeal hearing officer's recommendation that his case be dismissed without penalization. Noda's legal filing is known as an Article 78 review, which pertains to a New York state law by which a petitioner can ask a...

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