A New York Supreme Court has issued a temporary restraining order to prevent the New York State Gaming Commission from enforcing penalties against connections of Forte in the case of the colt's disqualification from the 2022 Hopeful Stakes (G1), reports the Daily Racing Form.
The juvenile champion returned a positive test for meloxicam after the Hopeful, leading the NYSGC to issue a disqualification as well as a $1,000 fine and 10-day suspension for Hall of Fame trainer Todd Pletcher.
Pletcher's suspension was due to start on Dec. 28. Attorney Drew Mollica told DRF that the court granted an article 78 proceeding, which asks a state court to review a decision or action of a New York state official or agency.
Forte's positive test wasn't originally revealed until May 9, 2023, just days after the colt was scratched as the favorite on the morning of the Kentucky Derby. The New York Times broke the news that the colt had a drug positive still pending from his juvenile season. Adjudication of the positive dragged on; a spokesperson for the New York State Gaming Commission told writer Joe Drape the delays were “sought by the trainer's counsel.”
Meanwhile, after his win in the Hopeful, Forte went on to capture the G1 Breeders' Futurity at Keeneland, followed by the Breeders' Cup Juvenile, earning him the 2022 Eclipse Award for Champion 2-Year-Old Colt.
The NYSGC officially announced the disqualification on May 11, which owner Mike Repole appealed. Pletcher stated during a media conference that the colt had never been prescribed or knowingly treated with meloxicam, but the TDN revealed that co-owner Vinnie Viola had a prescription for the drug to treat back pain; Viola was a frequent visitor to Pletcher's barn at Saratoga in the summer of 2022.
A hearing was held on July 20, and the hearing officer issued his report on Sept. 30, upholding the disqualification and penalties. The NYSGC voted unanimously to uphold the hearing officer's report on Dec. 4, after which connections vowed to appeal the decision.
Mollica told DRF that the next court date is scheduled for Jan. 9.
Read more at the Daily Racing Form.
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