Braulio Baeza | Horse Racing Free Tips

NY Gaming Commission Upholds Void of Claim

A hearing officer for the New York Gaming Commission has upheld the voided claim of Battalion (Tiznow) in the fourth race at Belmont Park, May 28. Bella Mia Stables LLC and their trainer Bob Klesaris had entered the horse into the race with a $25,000 claiming tag. When owner Sanford Goldfarb and trainer Robert Atras claimed the horse, no one notified the Klesaris barn and the horse was returned to their barn, rather than the test barn. The New York Stewards decided to void the claim, and Michael De Bella, Bella Mia's owner, and attorney Drew Mollica appealed that decision.

“I conclude that, on this record, the Stewards did not abuse their discretion and, therefore, affirm the decision of the Stewards to void the claim,” wrote Gaming Commission Member Peter J. Moschetti Jr. in his decision. “The horse's prompt presence in the test barn is required to protect the claimant, who may, if circumstances warrant, avail himself of provisions in Commission Rule 4038.5(a)(4) to have the claim deemed void, if a Commission-designated veterinarian determines that the horse is lame pursuant to the standards of such rule. Rule 4038.5(a)(4) provides that the claim of a horse determined to be sufficiently lame by the Commission-designated veterinarian shall be deemed voided unless a representative of the claimant is present in the test barn and, instead, `decides immediately to accept the horse.'”

It was the job of the NYRA Clerk of Scales Jack Welsh to ensure that notice of a claim is given to the groom of the claimed horse, and he admitted that he had failed to do so.

“Appellants did nothing wrong here,” continued Moschetti in his decision. “Battalion's trainer did eventually bring the horse to the test barn when belatedly informed of the claim, but through no fault of Appellants, time had passed already from the end of the race. Claimant did nothing wrong here, either. However, 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.”

Because there is no specific Commission rule on how to handle such a situation, Moschetti said, the Stewards have discretionary power to to impose a remedy. Battalion finished last in the race as the 2-1 favorite.

“I need not make any judgment about whether the Stewards' decision was the only plausible one they could have made, or whether their decision may or may not have been the best one. Rather, I conclude that in applying a Rule that empowers the Stewards to make a discretionary decision in unusual circumstances, the Stewards did not abuse that discretion in retuning the ownership of this horse to the status quo ante.”

“Michael De Bella is happy he fought this fight,” said Mollica, “although we obviously disagree with the commissioner's decision. This case brings to light the arbitrary and capricious nature that have recently been handed down in New York Racing. The facts here are clear and while in the final analysis, the hearing officer stated that although the decision might not be the right one, the Stewards' discretion rule carried the day. My client and I remain convinced, however, that the Stewards' discretion in this case was arbitrary and ill-advised at best, and illogical at worst.”

The post NY Gaming Commission Upholds Void of Claim appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Klesaris Files Appeal of Voided Claim

Trainer Robert Klesaris and his lawyer Drew Mollica have filed an appeal of the voided claim of Battalion (Tiznow) following the fourth race at Belmont Park May 28 with the New York State Gaming Commission. Mollica has filed a brief on behalf of Klesaris and owner Mike DeBella and the matter will be heard June 7 by Peter Moschetti.

Battalion finished seventh in the May 28 race and, when he received no notification of any claim, Klesaris said he had the horse returned to his barn. Once notified that trainer Rob Atras and owner Sanford Goldfarb had actually won a shake for the 5-year-old gelding, Klesaris had the horse sent to the testing barn, where he arrived shortly after 2:49 p.m., according to the filing. At 3:14 p.m., Klesaris was notified by Steward Brooke Hawkins that the claim had been voided because the horse was not at the testing barn. The void was later confirmed by New York Gaming Commission Steward Braulio Baeza.

In the filing, Klesaris seeks to have the commission vacate the voiding of the claim and transfer ownership of Battalion to Atras and Goldfarb.

“Our position is clear and unmitigated,” said Mollica. “There was no reason the claim should have been voided. Mr. Klesaris followed every rule and every order of the Gaming Commission. The horse was returned to the test barn in a timely manner as soon as he was notified. The horse should have been transferred at that point. There was no reason or rule that the claim should have been voided. The ruling against Frank Gabriel is a smokescreen for the wrongful voiding of this claim.”

In response to a TDN request for comment on the filing, the Gaming Commission's Brad Maione said, “This matter is the subject of an appeal. It would be inappropriate to comment on a pending adjudication.”

The post Klesaris Files Appeal of Voided Claim appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Report: Investigation Reveals Former NYRA Steward Engaged In ‘Favoritism,’ Failed To Keep Records Of His Actions

A steward for the New York Racing Association from 2014 through 2019, and employed by the New York State Gaming Commission in other roles since 1986, Stephen Lewandowski has been revealed as the subject of a state investigation that indicated he engaged in “favoritism” and “inconsistent application of policies,” reports the Albany Times-Union. The report, by a New York inspector general, was released as part of a pledge of Gov. Kathy Hochul's administration to be more transparent.

The inspector general's investigation, conducted in 2018, stemmed from a complaint filed by an unnamed owner who claimed Lewandowski had been withholding the purse money his horse had won. Then–acting Gaming Commission Inspector General Lisa Lee discovered the owner and his trainer had been in a dispute about training/veterinary fees, and that Lewandowski had withheld the purse money for more than a year without either notifying other Gaming Commission officials or filing a suspension of the owner.

Lewandowski's colleagues also told investigators that he was “arrogant, condescending, intimidating and disrespectful” and acted like “God at the track.”

The investigative report concluded: “Lewandowski's fitness to represent the commission as a steward should be reconsidered given his actions against licensees who have not been suspended or revoked, his lack of understanding as to his role vis-a-vis the Division of Horse Racing and Pari-Mutuel Wagering and the commission as a whole, as well as his lack of record-keeping related to actions taken.”

However, Lewandowski kept his job for seven months after the date of the report, at which point he retired voluntarily. Contacted by the Times-Union, Lewandowski said he was completely unaware of the inspector general's findings.

Recently, Lewandowski has been in the news for his ardent support of embattled Hall of Fame trainer Bob Baffert during a suspension hearing called by the New York Racing Association.

Under questioning from Baffert's attorneys, Lewandowski said he had no dealings with Baffert on any integrity or rule violation issues in his time serving as a steward in the state. Lewandowski said he called Baffert sometime after he was suspended by NYRA to offer his support.

“I feel like he's been unfairly taken advantage of,” Lewandowski said. “He's never had any problems in New York.”

On cross examination, NYRA attorney Henry Greenberg questioned that point by Lewandowski, bringing up the controversy about Baffert's non-coupled entry in the 2018 Belmont Stakes. Baffert saddled both Triple Crown winner Justify in that race as well as Restoring Hope, who was piloted by Florent Geroux. Mike Repole, co-owner of Vino Rosso and Noble Indy, would later complain to New York Post writer Tom Pedulla that Geroux put in a “reckless” ride aboard Restoring Hope, possibly in an attempt to block some of Justify's competitors.

Headlines in the Post questioned officials' decision not to launch an investigation into the race. Lewandowski said that he eventually spoke to Repole but also that he did not recall Repole's complaint. He said he did not speak to Baffert about the incident, and said he did not recall subsequent media coverage questioning the stewards' lack of investigation. He also said he did not recall eventually reversing course and speaking to Geroux, nor did he recall a meeting with the other stewards, who Greenberg suggested disagreed with each other on the best way to handle the situation.

Then, Greenberg asked Lewandowski about his support of Rick Dutrow, who was suspended 10 years and fined $50,000 after one of his horses tested positive for butorphanol and three hypodermic needles were discovered in a desk drawer in Dutrow's office. Following his retirement in 2019, Lewandowski wrote a letter to the Gaming Commission and to the Queens County District Attorney saying that Braulio Baeza Jr., then a NYRA steward, told him the syringes were planted.

Baeza later denied he told Lewandowski this. Baeza is the new state steward who holds Lewandowski's former job.

As to the dispute in stories between himself and Baeza, Lewandowski let loose.

“Braulio Baeza, one of us is lying. It's either Braulio Baeza or me. Are you accusing me of lying?” yelled Lewandowski during Baffert's hearing. “One of us is lying. Why would Braulio Baeza speak to me about Rick Dutrow, who he had nothing to do with. One of us is lying. And I'm not accusing anybody. But it's either him or me. And believe me, he said it to more than one person.

“…Are you calling me a liar, sir? Are you calling me a liar? I am not a liar … I thought Braulio Baeza was a good man. One of us had the information to help a man who was wiped out.

Orlando Noda Fined $5,000 ‘For Action Detrimental To The Best Interest Of Racing’

New York stewards have fined trainer Orlando Noda $5,000 “for action detrimental to the best interest of racing,” reports the Daily Racing Form.

While neither Noda nor commission steward Braulio Baeza would comment on the fine, the DRF report indicates sources that saw Noda “being overly aggressive on a horse that he was exercising ontrack during a recent morning in Saratoga.”

Noda plans to appeal the penalty with the help of attorney Drew Mollica.

Mollica told DRF: “Mr. Noda vehemently denies any behavior that warrants this kind of fine.”