New York Racing Association | Horse Racing Free Tips

Judge Throws Out PETA-Backed Lawsuit that Sought to Block Loan to NYRA for Belmont Renovations

An Albany County Court Judge has dismissed a lawsuit from two New York taxpayers backed by PETA that attempted to block the State of New York from loaning NYRA $455 million that is earmarked for the construction of a new Belmont Park.

The new Belmont Park is expected to open for the 2026 spring meet.

The plaintiffs, Jannette Patterson and John Dileonardo, had argued that the New York State Constitution prohibited the state from giving or loaning state funds to any private corporation. The lawsuit, filed in June, was announced by PETA. Its press release issued at the time said the organization was “hoping to prevent a shady deal to fund a private entertainment business with money from New York taxpayers.”

“No responsible private lender would make such a staggering loan to NYRA,” read the original complaint.

But Judge Peter Lynch ruled that the state can issue loans where the loan is predominantly for a public purpose, which, he wrote, was the case with the rebuilding of Belmont Park.

“It is well settled that the constitutional prohibition against State loans to private entities or for private undertakings is not applicable where the loan is for a predominantly a public purpose, and private benefit, if any, is incidental,” Lynch wrote in his decision. “This interpretation of the constitution does not constitute an unauthorized and unlimited grant of an 'exception' to the prohibition, distinct from the enumerated exceptions set forth in NY Constitution, article VII, § 8 (1) and (2). To the contrary, where the appropriation is in furtherance of a predominantly public purpose it simply may not be construed as a private loan or undertaking in the first instance. Funding the renovation of Belmont Park Racetrack constitutes just such a public purpose!”

Lynch referenced a case where a court ruled that the state could contribute $600 million to the $1.4 billion it cost to rebuild the Buffalo Bills Stadium.

“Horse racing fans who attend Belmont Park are no different than football fans who attend the Buffalo Bills stadium,” he wrote. “They are part of the community, and their ability to enjoy the sport of their choice improves their quality of life. Considering Plaintiff's claim that the horse racing industry is in economic straits, it is manifest that the Legislature's funding plan to modernize.”

“The construction of a new Belmont Park will create thousands of jobs, generate billions in economic activity and secure the future of Thoroughbred racing in New York State,” NYRA spokesman Patrick McKenna said after the decision was announced. “This decision recognizes the importance of this transformational project, which will deliver the world-class Belmont Park that New Yorkers deserve.”

NYRA was one of five defendants in the suit. The others were the State of New York; The New York State Assembly; Governor Kathy Hochul and State Comptroller Thomas P. Dinapoli.

The plaintiffs had asked for a preliminary injunction that would have halted the loan. Lynch denied that motion and dismissed the plaintiffs' complaint.

In their complaint, Patterson, Dileonardo and PETA tried to portray racing as a dying sport that did not deserve what amounted to a huge financial shot in the arm from the state. It said that attendance had dropped by 88% since 1978 and that taxes paid to the state from racing had fallen by 90% between 1970 and 2019. The suit called racing a “moribund industry that has seen 41 long-established racetracks shut down in the United States since 2000.”

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NYRA Acquires Sugar Maple Farm

New York's Sugar Maple Farm, comprising 466 acres and located about one hour from Belmont Park and two hours from Saratoga, has been acquired by the New York Racing Association (NYRA).

NYRA's Patrick McKenna released the following statement Wednesday afternoon:

“NYRA, through a wholly owned subsidiary, has acquired a large parcel of land in Duchess County, N.Y. known as Sugar Maple Farm. The 466-acre property, which was previously utilized as a breeding farm, could be appropriate for a wide array of uses including as a new center for equine health and safety research, veterinary education programing, Thoroughbred aftercare as well as off-track training and layup services.

“The acquisition of Sugar Maple Farm will, for the first time, allow NYRA to directly contribute to New York's breeding industry and strengthen the NY-bred program. NYRA jumped at the opportunity to protect Sugar Maple Farm because it will strengthen the foundation of New York State's Thoroughbred racing ecosystem, create jobs in the Hudson Valley, enhance equine safety and preserve important open space.”

The transaction record can be found by doing a search at gis.dutchessny.gov/parcelaccess/. The transaction record appears to show the sale date as Dec. 29 of last year with a price of $12.1 million.

The estate was first listed for sale in 2015, when Christie's provided the following details:

“Sugar Maple Farm, a 460-acre equestrian estate in the New York town of Poughquag, is on the market for $23.5 million. At about 80 minutes from Manhattan, the Georgian-style manor sits at the end of a driveway lined with Linden trees. Inside, the 4-story home features high ceilings and custom millwork. There are eight bedrooms, nine full bathrooms and three partial bathrooms. A crow's nest staircase leads to the fourth floor where a balcony overlooks the grounds. The home's lower level includes a wine cellar, an indoor swimming pool and a basketball half-court. The property also features a tennis court and a putting green. A respected facility for racehorse breeding and training, the estate includes paddocks, outbuildings and six barns with 94 stalls. The property belongs to the entrepreneur Howard Kaskel and his wife, Susan. The couple is selling the home because they plan to downsize, according to listing agent John Friend of Houlihan Lawrence, an affiliate of Christie's International Real Estate. While the couple intends to continue breeding horses, they no longer wish to maintain a farm of this size, he said.”

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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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Cigar Mile Anchors Aqueduct Fall Meet

Aqueduct Racetrack's 31-day fall meet will feature 33 stakes–10 of them graded–worth $6.385 million. The stakes scheduled is once again headlined by the $500,000 GII Cigar Mile, which will be held Dec. 2. The Cigar Mile card also includes the $250,000 GII Remsen S. and $250,000 GII Demoiselle S., as well as the $200,000 GIII Go For Wand S.

Graded stakes action during the meet also includes the $200,000 GIII Pebbles S.–previously run at Belmont's fall meet–and the $300,000 GII Red Smith S. on Nov. 11 and the $300,000 GIII Long Island S. on Nov. 12. The $250,000 GII Hill Prince S. will be run Nov. 18.

Thanksgiving weekend at Aqueduct will feature a pair of Grade III events worth $200,000: the Nov. 24 GIII Fall Highweight H. and the Nov. 25 GIII Comely S.

The New York Stallion Stakes Series (NYSSS), open to progeny of eligible New York sires, returns to the Big A with four divisions offered in December. The Dec. 3 card will feature the $125,000 NYSSS Thunder Rumble for 3-year-olds and up sprinting seven furlongs on the main track, as well as the $125,000 NYSSS Staten Island for fillies and mares 3-years-old and up at the same distance.

The NYSSS returns with a pair of $500,000 stakes for juveniles Dec. 16 with a lucrative card that will see eligible New York-sired fillies contest the NYSSS Fifth Avenue at seven furlongs, alongside the NYSSS Great White Way going the same distance.

Following the conclusion of Belmont at the Big A fall meet, which runs from Sept. 14 through Oct. 29, the 31-day Aqueduct fall meet will run from Nov. 2 through Dec. 31.

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