More than 15 months after the New York State Gaming Commission issued trainer Linda Rice a three-year ban, the case is still waiting to be heard by the New York Supreme Court's Appellate Division (Third Department). Rice's opening brief on appeal is due on Nov. 17, 2022.
The NYSGC issued Rice a $50,000 fine and three-year license revocation on May 17, 2021, following a three-year investigation on the claim that she traded money for information from the racing office.
The investigation uncovered evidence that between 2011 and 2015, Rice received faxes and emails from former entry clerks Jose Morales and Matt Salvato, giving her the names and past performance records of horses prior to draw time. Senior racing office management has said the names of trainers and horses in a given race are not to be released until after a race is drawn (with stakes races being the exception).
An eight-day hearing was conducted at the end of 2020, and the hearing officer submitted a final report to the NYSGC on April 13, 2021. The report concluded that Rice's misconduct – which involved receiving and requesting confidential entry information in overnight races – was intentional, serious and extensive. It also concludes that her actions constituted improper and corrupt conduct in relation to racing in violation of NYCRR 4042.1 and were inconsistent with and detrimental to the best interests of horse racing.
On May 19, 2021, two days after the NYSGC handed down Rice's penalty, the County of Schenectady Supreme Court granted her a temporary injunction that allowed her to continue training while the appeals process plays out.
In May of 2022, New York Supreme Court Judge Mark L. Powers ruled that the temporary injunction granted to Rice last summer will remain in place until an appeals court hears her case. Powers denied Rice's declaratory judgement claim, and declined to rule on the other issues Rice's attorneys presented: that the commission did not present adequate evidence against her, that the penalty was inappropriately lengthy, and that one of the regulations used by the commission to issue the suspension is “unconstitutionally void for vagueness.”
Rice's appeal of the declaratory judgement decision and the transferred Article 78 challenge (used to appeal the decision of a New York State or local agency to the New York courts) are pending in the Appellate Division, Third Department. An order remains in place that restrains the NYSGC from enforcing it's decision while Rice's appeal is pending.
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