Cute Curls (Tapiture), an unraced 3-year-old filly trained by Danny Gargan, exhibited acute neurological symptoms on Saturday and was subsequently euthanized. As of Saturday afternoon, no additional horses in Barn 15 have presented symptoms.

Samples are in-route to Cornell University for analysis with results expected within 48 hours.

Barn 15 was placed under quarantine at 3 p.m. with standard precautions and biosecurity measures now in effect. The quarantine procedures are overseen by Dr. Sarah Hinchliffe, the director of NYRA's veterinary department, in consultation with the NYSGC.

There are 34 horses currently stabled in Barn 15, which is home to stalls for Jim Ryerson, Gustavo Rodriguez and Gargan. All horses in Barn 15 will be closely monitored for fever and other signs of illness.

During the initial quarantine period, horses stabled in Barn 15 will not be permitted to enter races or train among the general horse population. Afebrile/asymptomatic horses stabled in Barn 15 will have isolated training hours at Belmont Park following the closure of training for the general horse population.

Two horses stabled in Barn 15 (Ryan's Cat, Society Man) shipped to Aqueduct for races on Saturday prior to the identification of Cute Curls as a potential EHV case. As such, both horses were permitted to run on Saturday afternoon.

Neither horse has presented symptoms and Society Man will be transported to Belmont Park in isolation. Ryan's Cat was transported to Belmont Park following Race 1 prior to the identification of the potential EHV case.

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The TDN and other news outlets received an email from New York Gaming Commission Director of Communications Brad Maione that included six screen shots from the race taken at the point where there was contact and horses were steadied. One of the shots included arrows pointing to four jockeys, Ruben Silvera, Manny Franco, Junior Alvarado and Jose Lezcano. Alvarado was aboard Brick Ambush, who, though disqualified after crossing the wire second and placed last, appeared to be free of the trouble while racing outside and clear of the horses who were bothered. The arrow pointing to what was supposed to be Alvarado's mount was instead The Big Torpedo (Big Brown), who was ridden by Javier Castellano.

When the TDN notified Maione that there was an error concerning the identification of the horses and their riders, he sent a new version of the original statement that fixed the mistake. However, with Alvarado now properly identified, the pictures offered no evidence that he was at fault.

The second version of the statement included the following explanation: “Please note the first screenshot in the previous version incorrectly identified the riders on specific horses. Please disregard those reference screenshots. Corrected versions are attached and included below. The narrative remains unchanged.”

Misidentified image of the Great White Way S. sent to the media | NYSGC

The disqualification set off a controversy that has yet to die down and the consensus in the sport is that, for whatever reason, the stewards simply DQ'd the wrong horse by mistake. Many believe that the horse that caused the bumping and deserved to come down was actually the race winner, Antonio of Venice (Laoban).

The statement made the case that the stewards carefully reviewed the race after the decision was made to disqualify Brick Ambush and that they stood by their decision. The stewards officiating the race were Braulio Baeza, Jr. (N.Y.S. Gaming Commission), Juan Dominguez (The New York Racing Association, Inc.) and Samantha Randazzo (The Jockey Club).

“The three Stewards' attention was focused on the field as it arrived near the quarter-pole, where several horses converged and were in close contact,” the statement read. “As evident in the below/attached screenshots, horse Brick Ambush (#12), ridden by Junior Alvarado, came up on three horses that were crowded together–Antonio of Venice (#1) ridden by Manuel Franco, The Big Torpedo (#7) ridden by Javier Castellano, and Solo's Fury (#11), ridden by Jose Lezcano–and made disruptive contact. The Stewards were concerned that Castellano's contact with the other horses and their riders could have impacted the results of the race.”

According to the statement, the stewards examined six separate camera views of the area of concern and conducted telephone interviews with Franco, Castellano, Lezcano and Alvarado. Castellano told reporters after the race that he attempted to claim foul, but the stewards have said they were unaware that he wanted to file an objection.

“After review of the footage and interviews with the jockeys, the Stewards unanimously concluded that Alvarado's movement of Brick Ambush to the inside at quarter-pole pole caused a chain reaction that impacted the race. Accordingly, the Stewards disqualified Brick Ambush for interference,” the statement continued.

Alvarado was hit with a three-day suspension for careless riding.

“The following morning, all four jockeys were required to participate in a film review of the race and discussed the event with all three Stewards,” the statement continued. “At the conclusion of the review, State Steward Baeza issued a 3-day careless riding suspension to Mr. Alvarado, to be effective January 1 through January 5, 2024. Mr. Alvarado accepted the penalty and declined to appeal.”

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Yet, the announcement, as it always seems to do, did not come without a few head-scratching, controversial decisions, many of them leaving tracks to believe they have been treated unfairly. When the list of graded races for 2024 reached the New York Racing Association's executive offices there probably was a sense that they were being picked on. No tracks took it on the chin quite like the NYRA tracks did.

There will be 429 graded races in 2024, 11 fewer than there were this year. Thirty races were downgraded, and that's where NYRA was hit the hardest. Ten of those 30 races are run at NYRA tracks. They include the Carter H. and the Man o'War S., which were two of five races that were Grade I's that have been downgraded to Grade II's for next year. Ten races were downgraded from II's to III's and five of them are NYRA races. Three more NYRA races were dropped from Grade III's to listed races.

Ten races were upgraded, including three on the NYRA schedule.

It wasn't that long ago that the NYRA stakes schedule was the gold standard for the industry. But in 2024, NYRA will present a stakes schedule that looks nothing like what it offered during its glory days. It's not just the Carter and the Man o'War. The five NYRA stakes that have been dropped from Grade II's to Grade III's are the Forty Niner S., the Hill Prince S., the Vosburgh S., the Sheepshead Bay S. and the Prioress S. The Bay Shore S., the Fall Highweight H. and the Schuylerville S. all went from Grade III's to listed.

In 2022, it was announced that the 2023 runnings of the Cigar Mile S. and the Woodward S. were being dropped to Grade II's. Since 2016, NYRA has lost eight Grade I races. The list also includes the Wood Memorial S., the Flower Bowl S., the Beldame S. and the Vosburgh S. With the downgrading of the Carter for next year, there will no longer be any Grade I races run at what are the traditional Aqueduct meets.

Has the graded stakes committee treated NYRA fairly? Even with all the cuts, the answer, for the most part is yes.

A race like the Carter should have been dropped to a Grade II years ago. A quality horse in Vekoma (Candy Ride {Arg}) won the race in 2020, but recent winners (2021) Mischevious Alex (Into Mischief), (2022) Speakers' Corner (Street Sense) and (2023) Doppelganger (Into Mischief) are not Grade I material.

The Wood Memorial, once a premier prep for the GI Kentucky Derby and a Grade I through the 2016 running, has failed to keep up with the other Derby preps. You have to go all the way back to 2000 to find the last Wood winner to win the Derby, which was Fusaichi Pegasus (Mr. Prospector).  Since Funny Cide (Distorted Humor) won the 2003 Derby after finishing second in the Wood, the Wood has produced 41 Derby starters without a top three finish. Tacitus (Tapit) was moved up to third after Maximum Security (New Year's Day) was DQ'd in 2019.

This year's Cigar Mile, won by Hoist The Gold (Mineshaft), was not a Grade I quality race.

The one move by the graded stakes committee that makes no sense is how it has treated the Vosburgh. Named a Grade I in 1991 when it was won by Housebuster (Mt. Livermore), it remained a Grade I until 2019. The 2020 and 2021 runnings were nothing to get excited about, but the 2022 edition was won by Elite Power (Curlin), who would go on to win the GI Breeders' Cup Sprint and be named sprint champion. This year the race was won by Cody's Wish (Curlin), who came back to win the GI Breeders' Cup Dirt Mile and is the favorite to be named 2023 Horse of the Year. How do you take a race won in back-to-back years by Elite Power and Cody's Wish and downgrade it from a Grade II to a Grade III?

NYRA can't afford more of the same in the year's ahead. (How much longer can the historic GI Jockey Club Gold Cup maintain its Grade I status?)The problem with NYRA's stakes program is that it hasn't adapted to the times. There are simply too many stakes races on the schedule. You have a declining foal crop and you have trainers of top horses who are perfectly content to run them four times a year. The inevitable has happened. Field sizes for stakes races keep going down as does the quality, and that's why NYRA keeps getting hit by the graded stakes committee.

It's time for some tough love and to simply eliminate some races. A perfect example is its schedule for older male dirt horses from the late spring to the early fall. You start with the June 10 GI Metropolitan H., followed by the July 8 GII Suburban S., the Aug. 5 GI Whitney, the Sept. 2 GI Jockey Club Gold Cup and the Oct. 1 GII Woodward. That's five races in the same division over less than four months and that doesn't begin to take into account major races for older dirt males run elsewhere. There simply aren't enough quality horses to adequately fill all those races. Yes, the Suburban and the Woodward are historic races, but maybe it is time for them to go. The same goes for a half dozen or so other stakes.

NYRA still has a terrific stakes program, particularly at Saratoga, where the prestige of the races and the purses involved attract the very best horses in the sport. Every Grade I run there is a deserving Grade I. The card offered on the day of the GI Belmont S. is the second best day of racing in the sport, behind only the Breeders' Cup Saturday program. It's just the rest of the year where NYRA needs help.

The Brick Ambush Decision

Put 1,000 racing people in a room and ask them to watch Saturday's running of the Great White Way division of the New York Stallion Series at Aqueduct, and the verdict would be unanimous. All 1,000 would say the stewards got it wrong. In disqualifying Brick Ambush (Laoban) from second, the stewards not only made the wrong call they made a call that defies explanation. Anyone can see that. In no way did this horse bother anyone or have anything to do with the pile-up that resulted near the quarter-pole when three other horses banged into one another.

Yet, the stewards took down Brick Ambush. If you didn't know better, you'd think they didn't even bother to watch the race. It was, simply, a horrendous call, and it cost the horse's owners $100,000.

The stewards are no different than the rest of us. We all make mistakes. But the problem is, who holds them accountable when they do? Who is reviewing them and watching them? Is anyone in a position to fire or demote a steward when it becomes clear they're not up to the job? There doesn't appear to be. Separate from an appeal from owners Dean and Patti Reeves, the New York Gaming Commission needs to conduct a review into this race and any others where the stewards might have made an erroneous decision and decide whether or not the three stewards on duty Saturday need to be sanctioned in some way, even if that means they should be fired.

The disqualification caused a firestorm on X, with the vast majority questioning the stewards call, which seemed so obviously wrong.

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Palmer addressed the issue during an equine health and safety briefing held at Tuesday's meeting of the New York State Gaming Commission and also offered some preliminary findings  on the 17 equine fatalities recorded during this summer's Saratoga meeting.

“Identification of horses at risk for catastrophic injury must begin with a screening protocol that can be scalable, practical, affordable, and can be used by every horse while training or racing without regard to any clinical indication of injury,” Palmer said in revised comments issued Wednesday. “Wearable biometric sensors are best suited to accomplish this first level of screening. These sensors detect subtle abnormalities in a horse's gait that are not detectable with the human eye. They serve as a 'check engine' light that alerts us to the possibility that there is something wrong with the horse and that the horse should be examined by a veterinarian.

“The veterinary examination is the second level of screening for an abnormality that might predispose a horse to injury. The goal is to reach a diagnosis of musculoskeletal abnormalities and typically will include use of diagnostic nerve blocks and digital radiography. If lameness is detected in a limb during this examination and digital radiographs are inconclusive, then advanced imaging such as PET can be employed as a final screening step in this process.

“In summary, PET can play a very important role in the diagnosis of subtle musculoskeletal injuries in horses, but it is not useful at the initial screening level,” he concluded.

Palmer added that biometric sensors placed in horses' saddlecloths that can help identify at-risk animals, are “not quite ready for 'prime time' use” at this time.

In referencing the 17 Saratoga fatalities–a number that is approximately 1% of the 2000 horses stabled at the track but three times higher than 2021 and 2022–Palmer noted that the incidents were clustered around Whitney and Travers weekends. He added that fetlock injuries, typically responsible for 48-50% of fatal musculoskeletal injuries in New York and California over the last decade, represented 92% of all the exercise-associated fatal musculoskeletal injuries at Saratoga, a “significant finding” in Palmer's estimation.

Twelve of the 13 exercise-associated injuries occurred either during the final furlongs of the race or during the gallop out, suggesting that fatigue was also a contributing factor.

Palmer explained that the unprecedented 11 inches of rain that fell during the meet–compared to nine inches in 2021 and 8 inches in 2022–had a material impact on the consistency of the racing surfaces. During the meet, there were 65 surface changes (16%) compared to just 17 (4%) in 2022. With those facts in mind, “increased moisture in the Saratoga main dirt track and spatial and temporal variation of the moisture content of the track during the meet were likely contributing factors to the increase in the number of racing fatalities.”

A comprehensive report of the investigation will be made available to the public as soon as the investigation is complete.

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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.

The post NYSGC Doubles Rice’s ‘Improper Practices’ Fine to $100K appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Friday's 11-race Aqueduct card was cancelled due to a powerful coastal storm causing widespread flooding and hazardous conditions throughout New York City and Long Island. In addition to Friday's cancellation, NYRA moved Saturday's 11-race card to Sunday and pushed Sunday's 10-race program to Wednesday.

The Joe Hirsch Turf Classic will be re-drawn with entries to be taken on Wednesday, joining a stacked stakes card led by two Grade I “Win and You're In” qualifiers at one-mile for juveniles in the Champagne [GI Breeders' Cup Juvenile] and Frizette [GI Breeders' Cup Juvenile Fillies].

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The catastrophic leg injuries that led to two horses being euthanized Saturday brought the total of equine deaths to 12 since the start of the unusually rainy season July 13. According to the New York State Gaming Commission's Breakdown, Death, Injury and Incident Database, four of the fatalities were related to training injuries and eight to racing. Six of the eight deaths were from incidents in races run on the turf courses. Seven were musculoskeletal injuries and one was believed to be a heart attack.

The two dirt breakdowns were horrific, taking place in the stretch, with unbeaten, high-profile 3-year-old horses well on their way to victories in seven-furlong Grade I races: Maple Leaf Mel (Cross Traffic) in the GI Test S. on Aug. 5 and New York Thunder (Nyquist) in the GI H. Allen Jerkens Memorial on Saturday.

In the minutes after the New York Thunder injury, O'Rourke said NYRA had to consider whether to immediately close on the biggest day of the Saratoga season.

“Everything is going through your mind at that point,” he said.

After consulting with his staff and a number of other people, O'Rourke elected to run the remainder of the card, including the $1.25-million GI Travers S.

“I was speaking with the Gaming Commission at the same time, the stewards at the same time, about the situation that we're in,” he said. “Obviously, there's board members here. Many of them, if not most of them, are horsemen. The decision was made to continue the card because we have no evidence that there's anything going on with these racetracks.”

There were no further injuries.

After what he described as a sleepless night, O'Rourke said that he and Glen Kozak, NYRA executive vice president and track superintendent, started talking with trainers at 6:30 a.m. Sunday and later talked with jockeys and veterinarians. At 12:45 p.m., NYRA announced that the 11-race program would be held.

John Velazquez, co-chairman of the Jockeys Guild, said the riders met with O'Rourke and expressed confidence in the conditions.

“We didn't find any issues at all,” Velazquez said. “The tracks feel safe. We didn't come up with anything that we were concerned with.”

Velzaquez acknowledged that the injuries are unsettling and said that NYRA should continue its reviews.

“We've definitely had some really horrendous breakdowns,” he said. “We are very saddened about it. There are going to be more investigations and more things we have to do and hopefully we find more answers. It will be days or weeks, whatever it is, but right now the tracks feel safe and let's continue.”

Saturday, Nobel (Ire) (Lope de Vega {Ire}), an Irish-bred 4-year-old was injured in the gallop-out after the fifth race on turf. Two hours and 20 minutes later, New York Thunder broke bones in his left front leg in the Jerkens.

Immediately after Nobel's injury, O'Rourke said he, staff members and Dr. Scott Palmer, the Equine Medical Director for the Gaming Commission walked the turf course to look for problems. Since more than 11 inches of rain have fallen during the meet, prompting NYRA to move 59 races off the grass to the dirt, the rail has been placed far out in the middle of the course. On Saturday, the rails were down and the horses were running on very good turf. Still, Nobel was injured.

“We wanted to take a look at it,” O'Rourke said. “One easy solution was to pull everything off the turf. They were on fresh ground. I'm out there with experts and what I'm looking for is unanimous consensus. Not a majority. Everyone's consensus of opinion was that the turf course was in immaculate condition in the lanes we were in.”

When New York Thunder went down between the eighth pole and the sixteenth pole, O'Rourke said Kozak reviewed the surface.

“Glen installed this track and is quite familiar with moisture and the measurements and everything,” O'Rourke said. “It's nothing off about the track. I'm convinced, I'm confident in that moment of that, but I want more information. Sometimes you need more time. We made the decision to continue the card.”

Afterward, O'Rourke said the NYRA staff continued to look at the two turf courses and the dirt main track to help develop data that could be useful in Sunday's review

“This has been a tough meet, so this has been a topic,” he said. “It's not like all of a sudden we started taking a second look. After racing, the track guys are doing their thing. Some of them, I think, were here all night.”

Sunday's card was completed without incident, but O'Rourke said the investigation is far from complete. Noting that NYRA is a non-profit, he said continuing to race on Saturday and Sunday was not related to revenue, but to safety.

“This is about how do we get it right, when and how we're making decisions and why,” he said. “And my first job right now is to check off the tracks because that's the question I'm getting quite a bit. I came out of that, on that aspect, confident that every piece of information or resource that I think is applicable, that we have access to, is telling me the same thing.”

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According to a stewards' ruling posted Aug. 8 on the New York State Gaming Commission (NYSGC) website, jockey John Davila, Jr., who has been riding at Finger Lakes since 1983, has been fined $500 “for riding in manner contrary to the best interest of racing” in the first race there Aug. 2.

“Any further similar conduct will result in an increased penalty,” the Finger Lakes stewards wrote in Davila's ruling.

A separate stewards' ruling, also dated Aug. 8, gave a three-day suspension to jockey Keiber Coa, a 12-year veteran, for “careless riding” in the fourth race July 31 at Finger Lakes.

Having waived his right to appeal, Coa will serve his days Aug. 15, 16, and 21.

TDN wanted to find out if Davila has appealed, and learn details about what, specifically, led to his “contrary to the best interest of racing” violation.

Brad Maione, the NYSGC's communications director, responded to a Wednesday email query about the rulings by writing back, “This is all that is publicly available.”

TDN then asked if the NYSGC could provide a stewards' report for the race dates in question, but did not receive a reply prior to deadline for this story. The website for Finger Lakes has a “Stewards' Corner” page, but the reports there have not been updated for one year, since Aug. 10, 2022.

Coa's “careless riding” violation July 31 occurred in a $10,000 claiming sprint over 5 1/2 furlongs in which he attained the lead from the rail under the 11-1 Forward Motion (Mission Impazible). Davila, riding the 9-5 favorite N Y Anthem (War Dancer), pressed the pacemaker from the outside until the top of the stretch.

At the quarter pole Coa came off the rail and edged out while appearing clear in front of Davila's mount, who was already losing touch with the leader. Coa then dropped Forward Motion back to the inside and in front of another rival, Breaking Stones (Congrats), who had to take up while Forward Motion widened to a 2 3/4-length win. The jockey on Breaking Stones claimed foul after finishing third. Davila's mount dead-heated for fourth. There was also a stewards' inquiry, but the results stood.

Davila incurred his “contrary to best interest” infraction two days later in a $28,500 NW2 allowance over 1 mile 70 yards. Riding the 8-1 Juggler (Lord Nelson) from post five, he sent his mount from the gate to contend with the 9-10 favorite Mo Trump (Mo Town), who was piloted by Coa from post six.

The Equibase chart noted that Mo Trump was “forced six wide into the first turn by Juggler,” with announcer Tony Calo commenting in his call that the favorite was “stuck out there in no-man's land.”

Equibase further noted that Davila's mount “appeared to be getting out some” on the backstretch while Coa's favorite got “carried seven wide by the latter at the half mile pole.” Mo Trump finished fifth, while Juggler ran sixth and last. There was no posted stewards' inquiry.

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In addition, in an effort to make it easier to acquire Thoroughbreds via claims, another proposed change would extend time periods for owners to be eligible to claim horses.

Those measures, plus several other tweaks to the “Who may make claim” rule 4038.1, were advanced by the New York State Gaming Commission (NYSGC) at Thursday's monthly meeting.

There was zero discussion among commissioners prior to the unanimous voice vote.

The proposed changes must first be published in the state register and then go through a public commentary period before the NYSGC takes a final vote on them at a future commission meeting.

According to a brief written by NYSGC general counsel Edmund Burns that was included in the informational packet for the Aug. 3 meeting, some horse owners and their representatives have communicated to the commission staff that the current claiming rules “need revisions.”

Commission staff met with personnel from the New York Racing Association (NYRA), Finger Lakes, the New York Thoroughbred Breeders (NYTB), and the New York Thoroughbred Horsemen's Association (NYTHA) in crafting the language changes, Burns wrote.

With respect to the time that a claimed horse must remain in-state, Burns wrote that “current rules prohibit a claimed horse from running outside New York for a period of 30 days. The proposal would extend that general prohibition to 60 days, which would mitigate entry shortages that have been experienced at New York tracks. An exception is proposed for horses claimed at Finger Lakes Racetrack toward the end of the Finger Lakes racing season, in which case the prohibition would be limited to 30 days from the end of the Finger Lakes racing season.”

On the time extensions for owners to be eligible to claim, the current version of the rule states that an owner must have “nominated a starter in the previous or current race meet.”

The proposed rewording would change the requirement to owners who have “started a horse: (1) within the previous 120 days, including the race in which such horse started, in a race meeting of the licensed or franchised association; or (2) in the current or previous race meeting.”

New owners who have not previously been licensed would also get a time extension.

Currently, a newly licensed owner “may apply to the stewards for a certificate authorizing him or her to claim one horse during the next 30 racing days following the issuance of the certificate.” The existing version of that rule also states that the stewards “may grant an extension” to that time period “if deemed appropriate.”

The proposed new language would change the “if deemed appropriate” part to an extension of “30 racing days if the certificate holder had entered a claim but had lost” the shake.

“NYRA conducts race meetings of varying lengths and horse populations,” Burns wrote in the brief. “Consequently, the current rule, which requires an owner, in order to be eligible to claim, to have entered a starter in the previous race meeting, precludes some otherwise active owners from claiming horses.

“Some owners may not have participated in a previous meeting because of the meeting's short duration or because racing opportunities had been incompatible with the owner's stable of horses. The proposed rule would address these concerns by allowing claimants who have raced on a circuit within 120 days, which would increase the number of owners qualified to make claims,” Burns wrote.

“Additionally, due to the frequency of multiple claims on a single horse, it is possible that someone actively trying to claim may not succeed in acquiring a horse within 30 racing days, which the current rule requires,” Burns wrote.

“Allowing 30 additional days for holders of a certificate of eligibility would provide an owner with an opportunity to claim when the owner has not been successful within the first 30 days of a race meeting, because the owner has lost the opportunity to claim to another claimant when multiple claims had been made on the same horse. Creating an opportunity to extend claiming eligibility for unsuccessful claimants would allow these owners additional chances to claim a horse,” Burns wrote.

Additionally, current NYSGC regulations provide that when a horse is claimed from a particular value class, the horses is ineligible to start in the same value class for 30 days.

According to the brief written by Burns, “A review of recent data, however, indicates that horses generally run on a 28-day schedule and condition books generally schedule a value class every 28 days. Under current regulations, a claimant who wants to start a horse again in the same class may be effectively forced to wait 56 days from the date of the claim. The position has been advanced that such period is unnecessarily long and causes issues for owners, trainers and the racetrack, which seeks to fill competitive races.”

The solution, according to the proposed rewording, will be to make the regulation state that, “If a horse is claimed the horse shall not start in a claiming race for a period of 20 days from the date of the claim for less than 25 percent more than the amount for which such horse was claimed.”

A new clause would be inserted that further states, “For a period of 10 days thereafter, a horse is eligible to start for a claiming price equal to or greater than the price at which the horse had been claimed. On the 31st day, the horse may start in a claiming race for any price.”

Burns wrote that “By reducing the requisite waiting period, owners will have a greater opportunity to start a horse for the price at which the horse had been claimed, given that the owners would be able to gain access to races that had already been written in the track's condition book 28 days in advance.”

Rice penalty revision on target for Sept.

Separately, NYSGC Executive Director Robert Williams detailed the expected timeline for commissioners to revisit a possible penalty for trainer Linda Rice, who on June 8 had a New York Supreme Court Appellate Division rule that a three-year banishment imposed by the NYSGC was “entirely unwarranted.”

Linda Rice | Sarah Andrew

As TDN reported back in June, the Gaming Commission fined Rice $50,000 and revoked her license for three years in 2021 after investigating claims that Rice received favorable treatment from the NYRA racing office 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. It was further alleged that Rice had paid racing officials in exchange for the information, a charge she denied. She did admit to routinely giving members of the racing department, as well as the gate crew, Christmas presents.

Williams said that the court ruling upheld the commission's determination that the “improper practices” rule had been violated and that the court rejected Rice's constitutional claim. But the court overturned the three-year revocation, and sent the matter back to the commission to reassess the penalty “with the constraint that any reassessed penalty cannot contain a license revocation.”

Williams said the case materials will be recirculated to each of the commissioners, and that both the commission's counsel and Rice's legal team have been asked to update their post-hearing briefs with respect to penalty recommendations.

“The matter should be set for consideration at the commission's September meeting,” Williams said.

Brian O'Dwyer, the NYSGC chairman, said, “I urge the commissioners that, obviously, the Rice matter is something that we need to look at. In particular, three of the commissioners are new to the matter, having been appointed after the penalty had been assessed. Obviously, we're under court mandate to reassess that penalty, and I know that we'll all take that very seriously.”

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Gaffalione was on the lead aboard 19-1 maiden Hero's Medal (Medaglia d'Oro) in a nine-furlong race July 14. According to the Equibase chart, the colt “was given his cue at the five-sixteenths, spun into the stretch in the two path under a drive, came in some and bumped solidly with Mount Craig [Arrogate] near the three-sixteenths, was turned in some while taken in hand, came out a bit from the reaction of the previous bumping and bumped another foe, battled with Mount Craig to the finish for the show and just missed that position.”

Hero's Medal crossed the finish fourth, but was placed sixth for fouling Ocasek (Candy Ride {Arg}) just inside the three-sixteenths pole.

Gaffalione was granted a stay of the suspension by the New York State Gaming Commission (NYSGC) pending the outcome of his appeal, meaning he won't be out of action until the appeal gets heard and decided.

In February 2022, the NYSGC voted in a so-called “Saratoga rule” in an attempt to end the resource-draining practice of jockeys appealing riding infractions during that big-money meet, then withdrawing those protests once the meet was over for the sole purpose of delaying a suspension until it was more convenient (or less financially damaging) for the penalized rider to serve the days.

The rule rewrite–which at the time of its passage was opposed by The Jockeys' Guild–gave the commission discretion to instead make a jockey sit out a suspension at a subsequent meeting at the same track. This means a rider's Saratoga penalty might not be able to get pushed back to, say, Aqueduct in the winter if the stewards instead opt to make the days carry over to the start of the next year's meet at the Spa.

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