Contessa States His Case Before Gaming Commission Hearing Officer

[Wandering Eyes]

Fined $4,000 by the New York Gaming Commission over a rule regarding when a trainer can run a horse outside of New York after it has been claimed, trainer Gary Contessa was afforded a hearing Wednesday before a hearing officer assigned to the case by the commission.

The hearing officer will now consider the facts that were presented Wednesday and make a recommendation to the Gaming Commission regarding whether or not the fine should be upheld.

Contessa was charged after he ran a horse named Answer the Call (Dialed In) in a Sept. 25 claiming race at Delaware Park. He claimed the horse out of an Aug. 4 race at Saratoga and believed the filly was allowed to run outside of New York because more than 30 days had transpired since the claim. What he did not know was that the rule had recently been changed so that no claimed horse could run at any track but the NYRA tracks for 60 days. Contessa said that he checked the NYRA website to make sure he could ship the horse out of town when he did and that the website had not been updated and still listed the time a horse had to remain “in jail” as 30 days.

“The hearing went 3 1/2 hours and it was an arduous task,” attorney Drew Mollica said. “We look forward to common sense carrying the day. Contessa followed what was on the NYRA website which directed him to the rules of the Gaming Commission. The rule had gone into effect just three weeks earlier but the website had not been updated. Nothing can be a more mitigating factor than that. There is no justification for this. The fine him $4,000 is just madness.”

According to Mollica, trainer Amy Albright violated the same rule when shipping a horse she had claimed at Finger Lakes out of town without waiting out the 60-day period and was fined just $200.

“We had a long hearing and not only does the penalty shock the conscience it shocks common sense,” Mollica said. “The hearing officer will make his finding of facts and conclusions of law and he will send them to the Gaming Commission and they will have a meeting and decide what to do. Anything can happen. We'll see.”

 

The post Contessa States His Case Before Gaming Commission Hearing Officer appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

View the full article