Brian O'Dwyer | Horse Racing Free Tips

2023 New York-Bred Divisional Championship Nominees Released By NYTB

New York Thoroughbred Breeders, Inc. (NYTB) named their nominees for the Empire State's divisional champions of 2023, the organization said in a Friday morning release.

A panel of New York turf writers, broadcasters, handicappers, racing analysts and photographers will vote on each division and for the New York-bred Horse of the Year. The winners will be announced at the NYTB Awards Dinner sponsored by the New York Thoroughbred Breeding & Development Fund on Monday, May 13 from 6-9 p.m. ET. at Sacred Saratoga on the property of GMP Farm in Schuylerville. Former jockey and NYRA TV personality Richard Migliore will again serve as host.

“Our organization is excited to celebrate this year's nominees. All are deserving and represent the best in New York breeding and racing. This year's awards will be a special night at an exciting new location,” said NYTB President Dr. Scott Ahlschwede, D.V.M.

Tickets are available–$150 for NYTB Members and $175 for non-members–for purchase by clicking here or by calling the NYTB Office at (518) 587-0777.

“The New York-bred Divisional Championship Awards is a special night because it recognizes the very best in Thoroughbred breeding and racing in New York,” said Brian O'Dwyer, Chairman of the New York State Gaming Commission and New York State Thoroughbred Breeding & Development Fund. “On behalf of the New York State Gaming Commission and Thoroughbred Breeding & Development Fund we are proud to work with NYTB and look forward to celebrating the connections of New York-breds who achieved success representing the New York-bred program last year.”

Also to be honored at the Awards Dinner with 2023 awards will be Broodmare of the Year, Champion Steeplechaser, Trainer, Champion Jockey and Outstanding Breeder.

“NYTB's annual awards is our marquee event. This year's nominees are no exception reflecting the quality and strength of the New York-bred program,” said NYTB Executive Director Najja Thompson.

A list of the 2023 New York-bred divisional championship nominees by category follows:

Champion 2-Year-Old Male: Antonio of Venice (Laoban), El Grande O (Take Charge Indy), The Wine Steward (Vino Rosso), Wynstock (Solomini).

Champion 2-Year-Old Filly: Brocknardini (Palace Malice), Caldwell Luvs Gold (Goldencents), Cara's Time (Not This Time), My Mane Squeeze (Audible).

Champion 3-Year-Old Male: Allure of Money (Central Banker), Eye Witness (City of Light), Hejazi (Bernardini), Maker's Candy (Twirling Candy).

Champion 3-Year-Old Filly: Downtown Mischief (Into Mischief), Gambling Girl (Dialed In), Maple Leaf Mel (Cross Traffic), Stonewall Star (Flatter).

Champion Older Dirt Male: Bankit (Central Banker), Dr Ardito (Liam's Map), Sherriff Bianco (Speightster), Straight Arrow (Arrogate).

Champion Older Dirt Female: Classy Edition (Classic Empire), Know It All Audrey (Shackleford), Timeless Journey (Verrazano), Venti Valentine (Firing Line).

Champion Turf Male: City Man (Mucho Macho Man), Red Knight (Pure Prize), Spirit of St Louis (Medaglia d'Oro), Therapist (Freud).

Champion Turf Female: New Ginya (Tonalist), Runaway Rumour (Flintshire {GB}), Silver Skillet (Liam's Map), Whatlovelookslike (English Channel).

Champion Male Sprinter: Bold Journey (Hard Spun), Today's Flavor (Laoban), Rotknee (Runhappy), Thin White Duke (Dominus).

Champion Female Sprinter: Funny How (Overanalyze), Maple Leaf Mel, Rossa Veloce (Girolamo), Sterling Silver (Cupid).

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NYSGC Doubles Rice’s ‘Improper Practices’ Fine to $100K

The New York State Gaming Commission (NYSGC) on Tuesday fined trainer Linda Rice $100,000 in a re-adjudication of her “improper practices” case that has persisted at the commission level and in the New York courts for more than two years.

In 2021, the NYSGC fined Rice $50,000 and revoked her license for three years after investigating claims that Rice received favorable treatment from the New York Racing Association (NYRA) and that the racing office was releasing to her the names and past performances of horses that had already been entered in races, giving her an unfair advantage.

The NYSGC initially had alleged that Rice had paid racing officials in exchange for the information, but that bribery charge–which Rice had denied–was later dismissed by the commission.

On June 8, 2023, the New York Supreme Court Appellate Division ruled that the three-year banishment imposed by the NYSGC was “entirely unwarranted.”

But that same court also upheld the commission's determination that the “improper practices” rule had been violated, and ordered the matter back to the NYSGC to reassess the penalty “with the constraint that any reassessed penalty cannot contain a license revocation.”

At the Oct. 3 monthly meeting, NYSGC chair Brian O'Dwyer read into the record a brief explanation of Rice's revamped penalty.

As per the NYSGC's custom, the commissioners did not discuss or debate the matter in an open-public session prior to voting upon it. Their voting happened prior to the start of the meeting and O'Dwyer only reported a summary of the decision.

“The appellate division agreed with the Commission's findings that trainer Rice had blatantly broke the rules of racing by conspiring with others to choose the optimal races for her horses. The appellate division determined, however, that any revocation was unwarranted,” O'Dwyer said.

“We respectfully disagree with that decision, but are constrained by law to follow it. The original fine of $50,000 was predicated on a three-year revocation. Since that is now not extant, we have decided, on the basis of the record, [to] increase the fine to $100,000. And we therefore impose a penalty on trainer Rice of $100,000. The vote was unanimous in that regard,” O'Dwyer said.

Rice did not respond to messages requesting comment prior to deadline for this story, but her attorney, Andrew Turro, indicated to TDN in an email that Rice is ready to move on.

“I'm very, very happy that this is over for Linda and that she can now focus on what she loves and does best,” Turro wrote.

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72-Hour Pre-Race, Pre-Work Vet Exams in Pipeline for New York

Thoroughbreds in New York would be required to pass a health check 72 hours prior to a race or workout if a new rule proposed Monday by the New York State Gaming Commission (NYSGC) gets adopted after passing a public commentary period and a final vote by the commission at a future meeting.

The proposal that got put into the pipeline by unanimous voice vote after zero discussion among commissioners on Monday would require a trainer's attending veterinarian to conduct the 72-hour fitness exams. These health checks would be in addition to, and would not replace, New York's current rule that requires an exam by the racing association's veterinarian on race day.

“Adding the requirement for an examination by the attending veterinarian provides additional safeguards by ensuring an evaluation by a veterinarian with knowledge of the particular horse, while maintaining the examination by the racing association's veterinarian as an additional level of review,” stated a brief written by NYSGC general counsel Edmund Burns that was included in the informational packet for the June 26 monthly meeting.

“Furthermore, adding the requirement for examinations prior to workouts will implement equivalent protections for training,” Burns wrote.

The proposed new language, which now will get published in the New York State Register for the public's review, takes the form of an amendment to Rule 4007.5, which deals with qualifications to start.

A horse would be prohibited from entry into a race or from performing a workout unless such evaluation results in a determination that the horse is fit.

“The proposal is intended to minimize the risks of injury to horses that are unfit to perform,” Burns wrote. “The proposed rule would require such attending-veterinarian examinations to include, without limitation, a close inspection of the eyes, examination of the legs, and observation of the horse at rest and while in motion.

“Following a determination that the horse is either fit to race or to work out, the attending veterinarian and trainer would be obligated to inform the racing association's veterinarian of any changes in the horse's fitness before race day or the workout” in a to-be-determined manner of reporting, Burns wrote.

According to the text of the proposed rule, the term “workout” would be defined as “an exercise session near full speed or close to full speed.”

Burns wrote that, “While we have no reason to believe that an attending veterinarian would permit a horse under such veterinarian's care to race or participate in a workout if the horse is unfit, staff believes it appropriate to require attending veterinarians to make such representations of fitness explicitly, as a further safeguard to promote the safety and

health of New York's racehorses.”

After the vote, NYSGC chair Brian O'Dwyer noted that NYSGC staffers and the commission's equine medical director, Scott Palmer, “are working on new approaches to minimizing bad outcomes on the track and in training. And I know that they will be coming up with further suggestions in the future if warranted.”

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Three Lingering NY Drug Positives as Testing Transfers to HISA

On the day that Thoroughbred drug testing nationwide got transferred to the control of the Horse Racing Integrity and Safety Act (HISA) Authority, Robert Williams, the executive director for the New York State Gaming Commission (NYSGC), disclosed during that board's monthly meeting that three outstanding Thoroughbred drug positives remain unadjudicated by the commission and are still lingering at various stages in the regulatory process.

That disclosure is not only timely because of the HISA Authority's May 22 implementation of the Anti-Doping and Medication Control program. Monday's news of the three additional unadjudicated tests was important because those unresolved cases were made public nearly two weeks after a brouhaha erupted about 2-year-old champion Forte (Violence) having failed a post-win NYSGC drug test at Saratoga Race Course on Sept. 5, 2022.

The finding of meloxicam, a non-steroidal anti-inflammatory drug, in Forte's system wasn't the entirety of that controversy. A more concerning aspect of the issue was that Forte's positive was kept from the public for more than nine months, and wasn't revealed until May 9, 2023, when the New York Times first broke the story, citing as sources “two people who are familiar with the matter but are not authorized to speak about it.”

On May 11, the NYSGC formally announced Forte's disqualification from the Hopeful while imposing fine of $1,000 and 10-day suspension upon trainer Todd Pletcher. Those penalties have been appealed, and both the NYSGC and Pletcher's legal team have bickered back and forth, with each side publicly blaming the other for causing extended delays in the process that involved split sample testing and the scheduling of a stewards' hearing.

Williams described the three other currently unadjudicated drug tests as being in the pipeline “at either qualified, accredited, independent laboratories or awaiting determination through a meeting of the stewards.”

Commissioner John Crotty asked Williams, “Do you have a timeline on resolving them?”

Williams was quick to answer: “I don't know the specifics of any of those cases,” he said.

Crotty responded, “Okay…” before NYSGC chairman Brian O'Dwyer interjected.

“I suspect, Mr. Crotty, given the situation, that we will be very, very diligent in terms of making sure that those things are adjudicated much more promptly,” said O'Dwyer, ending that discussion.

Williams noted that the outstanding Thoroughbred drug positives were current through May 19, but that the NYSGC will retain control over any sampling taken through May 21.

The commission will also maintain its testing obligation in harness racing, “as HISA has yet to address that industry,” Williams said. He added that there are two outstanding Standardbred drug tests awaiting adjudication.

Williams said that the Forte controversy has sparked NYSGC changes to the way it will handle any adjudications that remain under the board's control.

“Changes to the split sample procedure have been instituted to reduce the ability of an affected party to game the system,” Williams said.

“Absent extraordinary circumstances, from now on a trainer advised of a positive drug violation will be afforded no more than two weeks to identify and make arrangements for the split sample to be tested,” Williams said.

“Additionally, upon notification of the split sample result being returned, the stewards' meeting must be conducted within three weeks. If a trainer cannot appear within three weeks' time, they will be deemed to have constructively waived their appearance before the stewards, and the matter will proceed,” Williams said.

After Williams finished giving his report, O'Dwyer said that he wanted to express “my thanks and the thanks of the commission members for setting the record straight in regards to the Pletcher matter.”

O'Dwyer continued: “I think it's very important that, and was quite unfortunate, some of the reporting that came out, [and] the board and commission and our staff needs to be commended for the way that they handled it. I understand there were some time differences. But they did everything they could to give Mr. Pletcher considerable due process, and I'm glad that [Williams] was able to correct the record in that regard.”

Pletcher's attorney, Karen Murphy, had given a contrasting synopsis of the delay to TDN back on May 11.

“One point I want to address up front is that the gaming commission has stated now two or three times that we somehow delayed the process,” Murphy said at that time. “That's a little bit shocking to me because it's false. I don't like government regulators to make false statements. [From] day one, we were on this. This delay is wholly on the gaming commission. It's because they weren't prepared to proceed with the case in a professional, orderly manner.”

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