NY Claiming Rules Revision Would Keep Horses In-State for 60 Days

A proposed change to claiming rules in New York would double the time that a claimed horse must refrain from racing outside the state, from 30 to 60 days.

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 Appeals ‘Careless Riding’ Suspension at Spa

Tyler Gaffalione is appealing a three-day “careless riding” suspension imposed by the Saratoga Race Course stewards in the aftermath of his mount being disqualified in the second race there Friday.

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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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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The Week in Review: A Belmont Stakes at Saratoga and How to Make it Work

Just a few days after the running of this year's GI Belmont S., the final leg of the Triple Crown was back in the news. With the Belmont grandstand set to be torn down after the 2024 spring meet and with the new stands not expected to be ready until 2026, the 2025 Belmont S. will likely need a home. And after hinting that the race could be run in Saratoga, the New York Racing Association was more specific when the topic was addressed early last week. When asked by the TDN about plans for the race in 2025, NYRA's Vice President of Communications Pat McKenna had this to say: “Should the construction of a new Belmont Park require the Belmont S. to be run at a different venue, then NYRA's preference would absolutely be to hold the event at Saratoga Race Course.”

Why wouldn't it be? Running the race at Belmont amid a massive construction project won't work and neither will running it at Aqueduct. The Big A lost thousands of seats when the casino replaced a large portion of the grandstand and the place isn't, well, very nice.

So, get ready for a Belmont at Saratoga. But there is one major issue that needs to be addressed and that's the distance of the race. Traditionalists will want it to be contested at 1 1/2 miles, but that won't work. Equibase's list of Saratoga track records does not include one for a 1 1/2-mile race, which probably means there has never been a 12-furlong dirt race run there. It's easy to see why. The race would have to start at the three-eighths pole, which is at the entrance to the far turn. Especially if there is a large field, anyone drawing to the outside would be at a disadvantage, something you don't want in any race, let alone a Triple Crown race.

The only answer is to run it at a 1 1/4 miles. Think of it as a necessary adjustment, just like what happened in 2020 when the pandemic played havoc with the Triple Crown schedule and led NYRA to card the Belmont at a one-turn 1 1/8 miles.

As for the schedule, the smartest thing to do would be to start what would normally be the spring Belmont meet at Aqueduct. Belmont week at Saratoga would start on Thursday, June 5, the race would be held on Saturday, June 7 and the four-day mini-meet would end with a card on the following day. The meet could then return to Aqueduct before the regular Saratoga meet got underway.

Combining Saratoga's popularity, the importance of the Belmont S. and the uniqueness of holding the race at the mecca of Thoroughbred racing can only mean that a 2025 Belmont at Saratoga would be a smashing success and one of the most memorable Belmonts of all time.

“A Belmont S. at Saratoga is an event that would capture the attention of the entire sports world while driving tourism and economic impact for upstate New York,” McKenna said.

Doing so would mark for the second time in the modern era that the race was not run at Belmont Park. While the current Belmont grandstand was being constructed, the race was run at Aqueduct from 1963 through 1967. Here's a look at the 1963 Belmont, won by Chateaugay. In 1964, the race was won by Quadrangle.

Aqueduct and Belmont have not been the only homes to the race. While the GI Kentucky Derby has only been run at Churchill Downs and the GI Preakness S. has only been run at Pimlico, the Belmont has had four homes. It was first run in 1867 at Jerome Park, where it remained until moving to Morris Park in 1890. The race was first run at Belmont Park in 1905. Fifty-eight years later, it was moved to Aqueduct.

Thank You, Jena

This industry could not have asked for a better ambassador than Jena Antonucci, a role the trainer was thrust into after winning the Belmont with Arcangelo (Arrogate). Her story was just what a beleaguered sport needed after deaths and breakdowns dominated the news cycles through the first two rounds of the Triple Crown. Even on a day when there was another fatality, in the race run after the Belmont, the mainstream media couldn't get enough of the articulate plucky female trainer with the indefatigable spirit. She was the story Belmont day, and not all the bad news that had been hovering over the game.

Not everyone would have been comfortable with being turned into being a media darling the way she was, but Antonucci embraced it. She could have just gone about her business after the race, but, instead, honored every request from the media, knowing it was an opportunity for someone to convey a positive message about the sport to a large audience. The demands were so intense that she had to call in the NTRA to help her coordinate her schedule. Over a three-day period last week, Antonucci did 12 interviews, including one for Fox News. She was also the Green Group Guest of the Week on last week's TDN Writers' Room podcast.

Now, will the sport pay her back? It's great to have an Arcangelo in the barn, but the fact remains that Antonucci has a relatively small stable that has but one star. Aside from Arcangelo, she's had just one other graded stakes winner during her career. She won the 2016 GIII Turf Monster S. at Parx with Doctor J Dub (Sharp Humor).

How about some of the sport's major owners, ones who have dozens of horses and flock to the super trainers, give her a chance. There are so many trainers out there just like her, ones that are perfectly capable but have problems getting ahead because no one is willing to give them an opportunity. You don't have to have all 100 of your horses with Todd Pletcher, Chad Brown, Bob Baffert, et. al. Isn't there room to give five to Antonucci? She certainly deserves it.

HIWU Versus the Old Way of Doing Things

On June 11, the New York Gaming Commission posted a ruling on its website regarding a positive test for phenylbutazone in a horse trained by Todd Pletcher. Better late than never, I suppose, the alleged offense took place on July 30, 2022 at Saratoga. It was posted 316 days after the race occurred. It was pretty much the same story in the matter of Forte (Violence) testing positive for a banned substance following his win the 2022 GI Hopeful S., run on Sept. 5. That offense was made public on May 11.

How can it possibly take that long for a violation to be reported? Whatever the answer is, and there hasn't been a good one out of the Gaming Commission, it speaks to how dysfunctional the game has been when it comes to violations. It also tells you that there is a glaring lack of transparency.

Thankfully, that has changed. The Horseracing Integrity & Welfare Unit (HIWU), an arm of the Horseracing Integrity and Safety Authority, took over, in most states, the process of drug testing and handing out penalties on May 22. Already, we are seeing that things are different under this body.

HIWU has posted three rulings on its website under the category of “pending violations.” Two involve the use of Levothyroxine. The third, a ruling against trainer Mario Dominguez, involves the use of cobalt. All of the rulings were posted within three weeks of the alleged offenses. In the case of Dominguez, his horse, Petulant Delight (First Dude), tested positive for cobalt after winning a May 24 race at Parx. Just 15 days later, the violation was made public on the HIWU website.

These people mean business. Good for them.

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