drew mollica | Horse Racing Free Tips

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

Owner Who Filed Remsen Protest Surprised NYSGC Won’t Hear It

A Monday news story in the Blood-Horse stating that the New York State Gaming Commission (NYSGC) would be taking no action on a formal protest lodged by the owner of the runner-up in the Dec. 4 GII Remsen S. came as a surprise to that owner and his attorney, who told TDN later in the day they had received no communication from the commission indicating that the protest wouldn't be allowed to advance.

The matter involves Jeff Drown, the owner of Remsen second-place finisher Zandon (Upstart), who said that the actions of victor Mo Donegal (Uncle Mo) and that colt's jockey, Irad Ortiz, Jr., cost him the win, which was decided by only a nose. In the immediate aftermath of the race, the stewards conducted an inquiry and listened to a foul claim lodged by jockey John Velazquez, but let the order of finish stand without any disqualification.

On Dec. 9, Drown, through his lawyer, Drew Mollica, lodged a protest with the NYSGC over the non-DQ, arguing that the very tight margin of victory was part of what merited a second look by the commission.

The Blood-Horse first reported Dec. 20 that there is no mechanism in this instance for the NYSGC to overturn the stewards' decision. That story quoted NYSGC communications director Brad Maione, who said, “The Remsen was declared official by the stewards. There is no process for appeal once the race is declared final by the stewards.”

That decision was news to Mollica, who spoke to TDN on Monday both before and after checking with his client to confirm that the NYSGC had never alerted either of them that their formal protest would not move forward.

“Neither my client nor I have been officially informed of any action or inaction by the gaming commission,” Mollica said. “As such, we have no comment. But we are surprised there are press stories about this without the gaming commission contacting us. When we are officially informed that that's their position, we'll weigh our options.”

When TDN attempted to get a clarification from Maione via email Monday afternoon, Maione did not directly answer a question asking if the NYSGC had made any attempt to communicate with Drown. Instead, Maione's reply contained only a link to the original stewards' decision from Dec. 4, plus a copy of commission rule 4025.1.

That rule states, “Every person subscribing to a sweepstake or entering a horse in a race to be run under this Article accepts the decision of the stewards or the decision of the commission, as the case may be, on any question relating to a race or to racing.”

As the two colts crested the eighth pole in lockstep for the final furlong of the Remsen, Mo Donegal tightened the gap between them under right-handed stick work from Ortiz, then the two colts bumped and brushed approaching the wire.

The Equibase chart described how Ortiz threw “repeated exaggerated crosses with the left-hand rein near the face of the runner-up” in an “attempt to intimidate” Zandon.

Velazquez said post-race that Mo Donegal, “laid on top of me right before the wire and just beat me by very little.”

The day after the Remsen, Ortiz was suspended 30 days by the Aqueduct stewards for careless riding, primarily for his role in unseating another jockey in a Dec. 3 race. But state steward Braulio Baeza, Jr. told Daily Racing Form Dec. 5 that part of that penalty also had to do with Ortiz's stretch ride in the Remsen.

In addition, there were two substitute stewards on the job at Aqueduct on the day of the Remsen, when state steward Baeza and Jockey Club steward Jennifer Durenberger were both not officiating the races.

The post Owner Who Filed Remsen Protest Surprised NYSGC Won’t Hear It appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Owner of Remsen Runner-up Protesting Non-DQ of Winner

The owner of the runner-up in last Saturday's GII Remsen S. at Aqueduct has lodged a protest with the New York State Gaming Commission (NYSGC) over the stewards' non-disqualification of the winner by a nose in that race after both an inquiry and a jockey's foul claim regarding the stretch run.

Dave Grening of Daily Racing Form first reported the news on Thursday. He quoted Jeff Drown, the owner of second-place finisher Zandon (Upstart), who said that the actions of victor Mo Donegal (Uncle Mo) and that colt's jockey, Irad Ortiz Jr., cost him the win.

“Certainly, the outcome was affected by how the race was ridden,” Drown told DRF.

Mo Donegal skimmed across the heels of the four frontrunners to escape traffic at the top of the lane and was poised to pounce in upper stretch with a bid to the outside of Zandon and jockey John Velazquez.

The two colts crested the eighth pole in lockstep, then Mo Donegal tightened the lateral gap between them under right-handed stick work from Ortiz. But being put into tighter quarters seemed to embolden Zandon, who fought back gamely as the two bumped and brushed approaching the wire.

The Equibase chart caller described how Irad Ortiz Jr. threw “repeated exaggerated crosses with the left-hand rein near the face of the runner-up” in an “attempt to intimidate” Zandon.

“We were down the lane fighting in a big race,” Ortiz said right after that Dec. 4 win. “[Velazquez] was riding his horse and I was riding mine. It was a good race and we got together a little before the wire, but it was a beautiful race.”

Velazquez said Mo Donegal “got on top of me and I just missed. He laid on top of me right before the wire and just beat me by very little.”

Drew Mollica, a New York-based attorney who specializes in racing-related cases and is representing Drown, told TDN that the very tight margin of victory is part of what merits a review.

“My client's position is there's no question it was a foul. The facts speak for themselves. If Mo Donegal had won by eight lengths, you could say [the actions of the winner and his jockey] didn't affect the outcome of the race. But Zandon was beaten an inch,” Mollica said.

Two other factors could come into play if the NYSGC opts for a review.

The first is that the day after the Remsen, Ortiz was suspended 30 days by the Aqueduct stewards for careless riding, primarily for his role in unseating another jockey in a Dec. 3 race. But state steward Braulio Baeza Jr. told DRF on Sunday that part of that penalty also had to do with Ortiz's stretch ride in the Remsen, “even though the official ruling of Ortiz's suspension does not reference the Remsen,” Grening wrote.

The second factor has to do with there being two substitute stewards on the job at Aqueduct on the day of the Remsen.

DRF reported that state steward Baeza and Jockey Club steward Jennifer Durenberger were both not officiating the races on Saturday. “Stephen Pagano, a steward at Monmouth Park, filled in for Durenberger. Carmine Donofrio, a longtime commission steward at New York Racing Association tracks who retired nearly eight years ago from that position, filled in for Baeza,” Grening wrote.

When asked if the substitute stewards would factor into his client's planned appeal, Mollica said, “In New York, as you know, the final arbiter of anything is the state steward. But the issue at hand is the horse was beaten an inch.”

The post Owner of Remsen Runner-up Protesting Non-DQ of Winner appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Remsen: Zandon’s Owner Files Protest Over Foul That ‘Cost The Horse An Inch’

The finish of last Saturday's Grade 2 Remsen Stakes at Aqueduct was decided by nose, with Mo Donegal finishing ahead of Zandon.

According to the Equibase chart notes, second-place finisher Zandon “rallied to the lead in upper stretch, lost the advantage to the winner [Mo Donegal] before the eighth pole, dug in gamely on the inside in the final furlong, had the winner's rider [Irad Ortiz, Jr.] attempt to intimidate him late then bumped approaching the wire and just missed in a determined effort.”

Jockey Irad Ortiz, Jr. was subsequently suspended 30 days for an incident that occurred on Friday at Aqueduct.

After a stewards' inquiry into the finish, the order of finish was confirmed. However, the Daily Racing Form now reports that Zandon's owner Jeff Drown has filed an appeal with the New York State Gaming Commission.

“We're hopeful the Gaming Commission will see there was a rules violation and there should be a review,” Drown's attorney Drew Mollica told DRF. “[Zandon] was beaten an inch. No way in the world the foul that occurred didn't cost the horse an inch.”

According to DRF, two of NYRA's three regular stewards were out of the stand on Saturday. Monmouth steward Stephen Pagano filled in for Commission steward Braulio Baeza, Jr., and retired Commission steward Carmine Donofrio filled in for Jockey Club steward Jen Durenberger.