An appeal over a voided claim has been denied by the New York State Gaming Commission, reports the Daily Racing Form.
On May 28, 2022, trainer Bob Klesaris ran Battalion in a $25,000 claiming race at Belmont Park. A claim was turned in on the horse by trainer Rob Atras, but the claim was voided due to an administrative error.
New York Racing Association clerk of scales, Jack Welsh, failed to notify the person stationed by the winner's circle of the claim, so Battalion was taken back to Klesaris' barn after finishing last of seven. Klesaris sent Battalion to the test barn immediately upon learning the horse had been claimed, but the claim had already been voided at that point.
Klesaris filed an appeal over the voided claim, arguing that the stewards abused their power of discretion, but the NYSGC rejected that appeal.
“Through no fault of Appellants or Claimant, Claimant was deprived of the assurance that the horse was under the observation of Commission staff from the end of the race until delivery to the test barn for examination,” explained Peter Moschetti Jr., a gaming commission member, in his decision affirming the voided claim ruling. “There is no specific Commission rule on how to address such a situation, in which a horse's trainer is, mistakenly, not informed promptly of a claim and, therefore, the claimed horse is not brought directly to the test barn. Rule 4022.21, however, empowers the stewards to exercise discretion in circumstances not otherwise explicitly addressed in Commission rules.
“Appellants are not being 'penalized,' contrary to their contention. They are losing the ability to exchange the horse for the claiming price, but they still own the asset with which they started the race. That result does not constitute an abuse of the Stewards' discretion under these circumstances.”
Read more at the Daily Racing Form.
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