Two owners reached out to the Gaming Commission to file an appeal of the stewards' rulings on the race. The first came from Dean Reeves, whose Brick Ambush (Laoban) was disqualified from second and placed last. The disqualification cost the owner $100,000 in purse money. Thomas Albrecht, the managing partner of the group that owns The Big Torpedo (Big Brown) also sought an appeal, asking that the race winner Antonio of Venice (Laoban) be disqualified for interference. The Big Torpedo crossed the wire fourth, but was placed third because of the disqualification of Brick Ambush. That raised the possibility that if Antonio of Venice was not disqualified and Brick Ambush was restored as the official second-place finisher then Big Torpedo would be dropped back to fourth, which would have cost his owners $30,000.

On Tuesday, the Gaming Commission reached out to both owners and essentially ended any hopes they may have had that the order of finish of the race would be changed after their appeals were heard and the stewards were forced to explain a decision for which there doesn't appear to be an explanation. The reason why? According to the Gaming Commission, the decisions of the stewards are final and not subject to appeal.

Here was the Gaming Commission's response to the two owners:

“On December 17, 2023, the New York State Gaming Commission received correspondence from the connections of two horses that participated in the 9th race at Aqueduct Race Course on December 16, 2023. Specifically, the connections and/or their representatives sought to appeal the stewards' disqualification of the horse Brick Ambush and the stewards' declination to find interference by the horse Antonio of Venice. The correspondence collectively states disagreement with the decision of the stewards.”

“The Commission responded to the connections today (attached), advising them that the decisions to disqualify Brick Ambush and to not find interference by Antonio of Venice were judgment calls “based on questions of fact, which the stewards are empowered to make pursuant to Commission Rule 4039.20 (9 NYCRR §4039.20), and the decision(s) (are) therefore not appealable to the Commission, pursuant to Rule 4039.5. New York Courts have long held that stewards' placement decisions are questions of fact that cannot be appealed. See, e.g., In the Matter of the Seventh Race of June 12, 1996 at Belmont Park [May I Inquire] (NYSRWB 1996), confirmed, Matter of Moshera v. Bilinski, 244 A.D.2d 555 (2d Dep't 1995); see also Discenza v. N.Y. Racing Ass'n, 134 Misc. 2d 3, 7-8 (N.Y. Civ. Ct. 1986); Shapiro v. Queens County Jockey Club, 184 Misc. 295, 300 (N.Y. Mun. Ct. 1945). For these reasons, the stewards' decision is final and the New York State Gaming Commission cannot consider your appeal.”

Attorney Drew Mollica, who represents Reeves, ripped into the Gaming Commission over its decision.

“I'm going to do the research of the law but for this commission to stand by that technicality speaks volumes about the level of insensitivity and incompetence that permeates this industry,” he said. “We could still go to court. I'm not so sure the rules actually say that but let me do some research. To stand behind this kind of technicality bypasses the bigger issue. They are saying we can do what we want when we want, and that is farcical and they should be embarrassed.”

The controversy resulted from a pile-up at the quarter-pole, where three horses were involved in a bumping incident that caused each one to steady to varying degrees. Antonio of Venice, who was on the rail, came out and appeared to start a chain reaction that caused The Big Torpedo and Solo's Fury (Solomini) to take up. Solo's Fury was essentially eased after the incident and finished last.

While this was going on, Brick Ambush sat outside the other three horses, never bumped anyone, stayed in the same path and appeared to have nothing to do with the incident. The inquiry was posted shortly after the horses crossed the wire and, briefly, the No. 1, who was Antonio of Venice, was blinking on the toteboard. But after a lengthy review of the race, the stewards did not take down Antonio of Venice, ruling instead that it was Brick Ambush who caused the problems and placing him last. In addition, they gave Brick Ambush's rider Junior Alvarado a three-day suspension for careless riding.

“I felt like I was robbed, like I was mugged,” Reeves said.

On the Stewards' Decisions page on the NYRA website, here is how the stewards described the race and their reasoning for taking down Brick Ambush:  Steward's inquiry. At the 1/4 pole #12 Brick Ambush (Junior Alvarado) came in, causing a chain reaction. The #11 Solo's Fury (Jose Lezcano) pushes down into the #7 The Big Torpedo (Javier Castellano). After reviewing the video and speaking with the riders, the stewards disqualified the #12 Brick Ambush for interference and place him behind the #11 Solo's Fury.”

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A report prepared on behalf of North American Specialty Insurance Company described in detail the fatal efforts to spark Laoban's interest in breeding. Wharton injected the stallion with a mixture of four substances–three of them expired–and one intended to treat anemia in baby pigs, not horses. Attorney Harvey Feintuch concluded vitamins intended to be administered intrasmuscularly were instead injected intravenously, that expired Vitamin B12 was administered at five times the recommended dosage, and that expired Vitamin B Complex was administered despite a warning of anaphylactic shock.

WinStar attorney W. Craig Robertson provided a prepared statement from the farm's CEO, Elliott Walden, to Mr. Sullivan, and said no other comment from the farm would be made.

“Laoban's tragic passing has had a profound impact on everyone at our farm,” Walden said. “With more than 20 years of experience in the thoroughbred business, WinStar always has placed the utmost priority on the safety of our horses. We've accepted the board's decision, Dr. Wharton will remain on staff, and we will continue to review treatment protocols. Our commitment to our horses is unwavering, and we will work tirelessly to uphold the highest standards of safety and welfare in our sport.”

WinStar's Dr. Natanya Nieman, interviewed during the initial investigation, told the veterinary examiners board that she was unaware of any other horse at WinStar being treated with the combination of ingredients in the “Black Shot,” and that the farm had changed its protocols since the stallion's death.

“Things are much tighter,” she told St. Clair. “We have written a whole standard operating procedure.”

This story has also been reported by the Blood-Horse.

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A five-length winner at first-asking Aug. 10 at Saratoga in a six panel, state-bred maiden dash over the fast main track, she returned 16 days later in the slop to duel her way to an open length victory in the state-bred restricted Seeking the Ante S. over familiar face Lady Mine (First Samurai), GSP Miracle (Mendelssohn), and another returning challenger in MSW Les Bon Temps.

Jumping well here as the heavy 1-5 favorite, Maple Leaf Mel showed the way down the backstretch, dictating all her own terms. In the two path around the bend and putting distance on the field without being asked, Maple Leaf Mel changed leads inside the three-sixteenths before drawing off by 7 3/4 lengths in the stretch to stylish return to winning ways.

“Joel [Rosario] has worked her the last couple of times down in Florida and I was happy that he wanted to come up and ride her–that gave me a lot of confidence. […] I left it [tactics] up to Joel. I don't think it matters with her,” said conditioner Jeremiah Engleheart. “I've worked her plenty of times as a 2-year-old behind horses and let her tip out and make a run. She's just a racehorse. If you put her there, she's going to try and repel everyone that comes to her. She likes to run. It's as simple as that. She likes to do what she's doing.”

As for trying open company down the road, Engleheart was hopeful the chance would arise. “Coach [Bill Parcells, owner of August Dawn Farm] wants to win a Grade I and my goal is to win a Grade I with her for him. We've talked about a couple different spots. The [state-bred] Bouwerie is an option, but it's a little further away than we wanted coming off this race.”

Out of a winning racemare, Maple Leaf Mel is a half to another multiple winner in Dr. Lloyd (The Lumber Guy), in addition to her stakes placed half'brother Eddie's Gift. They have a 2-year-old half-brother by Brody's Cause as the last registered foal under the dam thus far. This is the female line of GSP Heaven's Nook (Great Above), herself dam of GSW Frisco View (Mt. Livermore); SW Cherokee Heaven (Cherokee Run); and the dam of Venezuelan champion 2-year-old colt Rio Matiyure (Ven) (Chayim). Click for the Equibase.com chart or VIDEO, sponsored by TVG.

https://twitter.com/TVG/status/1639366768669114374

EAST VIEW S., $100,000, Aqueduct, 3-24, (S), 3yo, f, 6f, 1:12.75, ft.
1–MAPLE LEAF MEL, 122, f, 3, by Cross Traffic
                1st Dam: City Gift, by City Place
                2nd Dam: For My Wife, by Not For Love
                3rd Dam: Heavens to Betsy, by Miswaki
($18,000 Ylg '21 KEESEP; $150,000 2yo '22 EASMAY). O-August Dawn Farm; B-Joe Fafone (NY); T-Jeremiah C. Englehart; J-Joel Rosario. $55,000. Lifetime Record: 3-3-0-0, $213,400. *1/2 to Eddie's Gift (El Corredor), SP, $167,950.
2–Security Code, 118, f, 3, Frosted–Stopspendingmaria, by Montbrook. O-WellSpring Stables; B-Rockridge Stud, LLC, Ascendant Farms, LLC & Godolphin (NY); T-Philip M. Serpe. $20,000.
3–Les Bon Temps, 122, f, 3, Laoban–Winsanity, by Tapizar. ($65,000 Ylg '21 FTKOCT). O-Lady Sheila Stable, Deuce Greathouse, Cindy M. Hutson and Brett Setzer; B-Southern Equine Stables, LLC (NY); T-Linda Rice. $12,000.
Margins: 7 3/4, 2, 1 1/4. Odds: 0.30, 26.50, 3.10.
Also Ran: Little Linzee, Banterra, Queens Masterpiece, Lady Mine.

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Bred by Southern Equine Stables, the physically impressive Keepmeinmind broke his maiden in the GII Kentucky Jockey Club S. in November of his 2-year-old season. Prior to that, he was runner-up to future two-time Eclipse Award winner Essential Quality (Tapit) in the GI Claiborne Breeders' Futurity. He finished third in the GI Breeders' Cup Juvenile behind Essential Quality and Hot Rod Charlie.

“Keepmeinmind had a great 2-year-old campaign,” said Carlos Manresa, director of operations at Sequel New York. “He was really the first of the Laobans to make national notoriety, along with, of course, Simply Ravishing.”

At age three, Keepmeinmind was a respectable sixth in the GI Kentucky Derby and fourth in the GI Preakness S. He finished just a half-length behind Essential Quality in the 2021 GII Jim Dandy S. Keepmeinmind was originally trained by Robertino Diodoro, and at age four he was transferred to Todd Pletcher for whom he won a Saratoga allowance. He was then third to Life Is Good (Into Mischief) in the 2022 GI Woodward S.

Pletcher told the TDN, “Keepmeinmind is a specimen with a terrific disposition. He competed with and beat the best of the best. A big boost for the New York breeding roster.”

“He's a more elegant, refined version of Laoban,” said Manresa of Keepmeinmind. “He's got the big, big hip, but he's also a leggy, stretchy horse that you would expect from the Uncle Mo line.”

Keepmeinmind will stand in 2023 for $6,500.

Breeders' Cup Juvenile Turf winner Fire At Will retired with a record of 6-3-0-1 and earnings of $675,932. Bred in Kentucky by Troy Rankin and raced by Three Diamonds Farm, Fire At Will broke his maiden at two in his second start in Saratoga's With Anticipation S. He then took the GII Pilgrim S. on the turf at Belmont. He punctuated the year with a victory in the GI Breeders' Cup Juvenile Turf at Keeneland. He was an Eclipse Award finalist for the 2-year-old champion male, eventually won by Essential Quality.

“It's definitely an interesting time to bring a horse that has been successful on multiple surfaces to stud in New York,” said Manresa. “New York is in a shift towards all alternative racing surfaces, specifically at Belmont. There's been a lot of discussion over having a synthetic course as well as the dirt and grass surfaces.”

Fire At Will brings an impressive performance on the grass as well as proven turf pedigree to New York. Fire at Will is the first foal from the Kitten's Joy mare Flirt. His sire Declaration of War won the G1 Juddmonte International S. in 2013.

“[Fire At Will] is absolutely the fastest 2-year-old I have ever trained on the turf,” conditioner Mike Maker told the TDN.

“Fire At Will is standing at Sequel New York in partnership with Three Diamonds Farm, which is owned and managed by Kirk and Deborah Wyckoff,” said Manresa. “They're tremendous supporters of the New York-bred program, and it just seemed like the perfect fit for this Breeders' Cup champion to come to stud in New York.”

His fee for the upcoming season will be $6,000.

“We try to make a habit out of selecting the perfect stallions for us,” said Manresa. “And this year, we got lucky and were able to attract two phenomenal stallions that had exceptional racing careers at two years old, both being Breeders' Cup participants, both being placed in the Breeders' Cup, and one of them being a Breeders' Cup champion.”

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Gainesway also announced that GI Woody Stephens S. winner DRAIN THE CLOCK (Maclean's Music) has his first mare in foal as well–Amelia Island (Hook and Ladder), the dam of Grade III winner Amelia's Wild Ride (D'Wildcat). Drain the Clock stands for $10,000 at Gainesway.

KEEPMEINMIND (Laoban), winner of the GII Kentucky Jockey Club S., covered Wintrily (Carpe Diem), his first mare bred reported to be in foal. He stands for $6,500 at Sequel Stallions New York.

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Bred by Southern Equine Stables, Keepmeinmind was runner-up to future two-time Eclipse Award winner Essential Quality (Tapit) in the GI Claiborne Breeders' Futurity and finished third to that rival in the GI Breeders' Cup Juvenile before breaking his maiden in the GII Kentucky Jockey Club S. Sixth in the GI Kentucky Derby and fourth in the GI Preakness S. after sluggish starts in those Classics, the bay was a running-on third in the GIII Ohio Derby before going down by a half-length behind Essential Quality in last year's GII Jim Dandy S. Originally trained by Robertino Diodoro, Keepmeinmind was conditioned at four by Todd Pletcher to a Saratoga allowance score in July and a third to Life Is Good (Into Mischief) in the GI Woodward S. this past October.

“Keepmeinmind is a specimen with a terrific disposition,” said Pletcher. “He competed with and beat the best of the best. A big boost for the New York breeding roster.”

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The online catalog for the single-session auction features Daily Racing Form and Equibase past performances along with Thoro-graph and Ragozin sheets, race replays and more.

Horses will be available for inspection at Keeneland on Wednesday, Nov. 16. The auction will start the next day at noon.

Highlighting the latest supplements are:

Dreamer's Disease, a gate-to-wire winner of the Delta Mile on Nov. 5 at Delta Downs to push his career earnings to more than $220,000. Bluewater Sales, agent, consigns the 4-year-old gelding.

Girl Afraid (Not This Time), a 2-year-old filly, was a 3 1/2-length maiden winner at Churchill Downs on Nov. 2. Out of the winning Dominus mare Dominating Woman, Girl Afraid is from the family of GI Preakness S. winner Codex and stakes winner Dance the Slew. She is consigned by Taylor Made Sales Agency, agent, as a racing or broodmare prospect.

Outofnothingatall (Super Saver) finished third in the Sorority S. at Monmouth Park in August and is entered in the My Trusty Cat S. on Friday at Delta Downs. The 2-year-old, who is from the family of Canadian Horse of the Year Peaks and Valleys and Grade III winner Cryptograph, is consigned by Bluewater Sales, agent, as a racing or broodmare prospect.

Park On the Nile (Cairo Prince) was a debut winner at Churchill Downs and has earned more than $135,000 in two seasons of racing. The 3-year-old filly is from the family of Grade II winner Park Avenue Ball and stakes winner Beacon Hill Road. She is consigned by Hidden Brook, agent, as a racing or broodmare prospect.

These supplements increase the total number of horses cataloged to the sale to 343.

Additional supplements will be considered until sale date.

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The Courier-Journal based much of its reporting on insurance documents it obtained regarding the death of the stallion that stood at WinStar Farm. Part-owners Cypress Creek Equine and Southern Equine Stables filed suit last month in Fayette Circuit Court in an effort to have the insurance company, The North America Specialty Insurance Company (NAS), pay off a claim they submitted after the horse died.

In March, it was reported that Cypress Creek Equine, LLC was suing the insurance company for an undisclosed sum that includes mortality coverage, compensatory damages, court costs and attorney fees.

NAS has alleged that three of the four substances given to Laoban had been administered after their expiration date and that one of them had expired nearly nine years ago. The insurance company has charged that the “acts, errors and omissions” of attending veterinarian Dr. Heather Wharton were a matter of failing to provide proper care for the horse and that she took risks not covered in the policy.

“WinStar has been in the Thoroughbred business for over 20 years,” WinStar CEO and President Elliott Walden said in a statement to the paper. “Laoban's passing was a traumatic experience and felt by everyone at the farm. As we stated at the time, insurance companies in general have a self-serving interest in denying claims and blaming others. We resolved by mutual agreement any concerns that were brought to us and closed the chapter of this tragic loss a long time ago.”

Citing the insurance documents, the Courier-Journal reported that Laoban mounted three mares on May 22, 2021, but “failed to finish his job” and failed again the following day when matched with two more mares. He was treated with the shot the next day and, according to the insurance company, died within minutes of being given the injection. The incident was on videotape.

Laoban was eight at the time of his death. He entered stud in New York at Sequel Stallions for a fee of $7,500, but was relocated to WinStar based largely on the performance of his first crop to the races in 2020. That group included Simply Ravishing, the winner of the 2020 GI Darley Alcibiades S. He also sired Grade II winner and multiple Grade l-placed Keepmeinmind.

Sequel Stallions' owner Becky Thomas, who retained partial ownership of Laoban after WinStar became its syndicate manager in October 2020, told the Courier-Journal that the stallion's death was a “very unfortunate accident.” She confirmed she had settled with WinStar.

Laoban's stud fee was increased to $25,000 upon the move to WinStar. He sired 219 registered foals. He was bred to 126 mares in 2021.

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1st-KEE, $80K, MSW, 2yo, 4 1/2f, 1:00 p.m.

The opening day of the 2022 Keeneland Spring Meet features the first 2-year-old races of the year and the first opportunity for freshman sires to get their second careers off to a winning start. Success as a new stallion is of no concern for Uncle Mo, the sire of first-time starter DOMINICANA. A daughter of the SP Speightstown mare Chattertown, Dominicana is a full-sister to GSW and late sire Laoban. Purchased for $300,000 from the 2021 Keeneland September Sale for owners Don Alberto Stable and RT Racing Stable, the bay filly has worked three furlongs at Keeneland three times since Mar. 1 for superb 2-year-old trainer Wesley Ward, most recently going in :37 1/5 (14/28) Apr. 2. Jockey John Velazquez gets the ride as Dominicana takes on the boys in her career debut.

Freshman stallion Mo Town (Uncle Mo) will be well represented with two first-time starters here. Drawing the rail is MO'S TREASURE, a son of SP Beautiful Treasure (Unbridled). He is a half-brother to MGSP Flying Private (Fusaichi Pegasus) as well as six other winners from eight to race. He's had two four-furlongs works from the gate on this track for trainer John Hancock, going in :48 flat (10/65) Mar. 26 and :48 4/5 (18/72) Apr. 2.

Also representing Mo Town is BAYTOWN GET IT ON for trainer Paul McEntee. The chestnut comes in for his debut off of two bullet works including a four-furlong effort from the gate Mar. 24 in :47 flat, the fastest of 29 at the distance.  TJCIS PPs

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The civil complaint was filed Mar. 22 in Kentucky's Fayette Circuit Court. Paulick Report first broke the story.

According to the court filing, Cypress Creek Equine, LLC, wants the defendants–North American Specialty Insurance Company, XL Specialty Insurance Company and Underwriters at Lloyd's, London and Lloyd's Kentucky, Inc.–to pay an undisclosed sum that includes mortality coverage, compensatory damages, court costs and attorney fees.

According to the lawsuit, “On May 24, 2021, the healthy stallion Laoban, partially owned by Cypress, died unexpectedly in Fayette County, Kentucky, after being given vitamin and mineral supplements.”I

Laoban, whose only win from nine starts came in the 2016 GII Jim Dandy S. at Saratoga, retired after that season with earnings of $526,250 and stood at Sequel Stallions in New York. As TDN's Sid Fernando recently reported, Laoban “initially stood for $7,500, but he was a hit with his first 2-year-olds–ending up second on the 2020 first-crop list behind Uncle Mo's Nyquist–and was moved to WinStar in Kentucky for the 2021 season at a $25,000 fee.”

The sire of 10 black-type winners, Laoban's first crop included Grade l winner Simply Ravishing and Grade II winner and multiple Grade l-placed Keepmeinmind.

Laoban is also the sire of Un Ojo, who upset the GII Rebel S. last month at 75-1 odds. That one-eyed gelding is currently listed as an “on the bubble” horse in the most recent TDN Top 12 rankings for the GI Kentucky Derby, but he is third on the official qualifying points list. Cypress Creek Equine owns Un Ojo.

“At the time of the death, Cypress was insured for the death by mortality insurance policies issued and/or adjusted by the Insurers,” the filing stated.

“In a letter dated August 4, 2021, the Insurers wrongfully denied Cypress mortality coverage and therefore an actual controversy exists pursuant to [Kentucky state law],” the filing stated.

“The denial was alternatively based on provision(s) in the policies which are ambiguous and/or must be construed to afford coverage to Cypress pursuant to its reasonable expectations of coverage,” the filing stated.

The defendants could not be reached for comment prior to deadline for this story. They have 21 days from the filing of the suit to respond in court.

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