NYS Gaming Commission Outlines Belmont Security Protocols

The New York State Gaming Commission has articulated the security protocols it has established for this weekend's Belmont Stakes Festival.

Horses running in the GI Belmont S. will be subject to continuous, 72-hour 'dedicated watch' by experienced security personnel. One guard will be stationed full-time for every Belmont S. entrant. Horses running in the GI Metropolitan H. will be under 'intensified watch,' by six to eight security personnel conducting mobile surveillance and direct horse checks at least three times a shift from 72 hours up to 30 hours prior to post time. A dedicated watch as detailed above will be in place for the final 30 hours.

Horses in the Belmont and the Met must be on the grounds no later than 72 hours prior to the designated post times for each race. Horses must remain on the grounds until after the running of their races.

The NYSGC will obtain out-of-competition blood and hair samples competing in the two races and will have same tested at the New York Equine Drug Testing and Research Program at Morrisville State College. The NYSGC has coordinated with other jurisdictions to obtain OOC samples from horses not stabled in New York.

Horses entered for either the Belmont or the Met may not be treated within 72 hours of the race unless Commission security personnel are present. All treatments performed by vets will be monitored by NYRA or Commission security. No medication or substance may be administered via dose syringe within 24 hours of the races. All syringes and containers for administered medications will be retained by Commission personnel for possible testing.

Veterinarians are required to submit a 72-hour treatment plan for each Belmont and Met runner prior to June 8 at 12 p.m. ET. Comprehensive records for that 72-hour period shall be submitted to the Commission, which will review and publicly post the records to its website.

All persons–including veterinarians, trainers, assistant trainers, farriers, owners, or other connections–on entering the stall, engaging in contact with the horse, or performing any service for the horse, must have a valid Commission license on their person. Such persons will be logged-in by security personnel, along with the reason for their visit. Routine stall and horse maintenance by identified grooms and staff will be monitored, but are exempt from logging. Entry/exit logs will be maintained by NYRA and Commission security.

All equipment, feed, hay bales, etc. are subject to search and seizure by both NYRA and the Commission, as provided by law.

On race day, no treatments will be permitted for horses entered in any Stakes Race pursuant to NYRA policy, unless it is for an emergency or as approved by the Stewards. All horses participating in the Belmont and the Met must report to the Assembly Barn no less than 45 minutes prior to the designated Post Time. On race day, blood samples for TCO2 analysis will be collected from horses in the Assembly Barn between 45 minutes to one hour before post time. Horses will then be escorted to the paddock.

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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.”

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NYRA Clocker Penalized For Allegedly Altering Workout

A New York Racing Association (NYRA) clocker has been suspended for 30 days and fined $2,500 “for altering a published work of a horse to make the horse eligible to race.”

A New York State Gaming Commission (NYSGC) ruling dated May 19 states that Richard Gazer, a NYRA employee, has appealed his penalties and has been granted a stay while that process plays out.

But the ruling does not list any details about the circumstances, like the horse involved or the date of the alleged wrongdoing.

Asked via email to provide the specifics omitted from the ruling, NYSGC communications director Brad Maione wrote back, “The ruling speaks for itself. Since the matter is under appeal we cannot provide any more details at this time.”

David Grening, writing for DRF.com, got the scoop on Gazer's side of the story directly from the clocker, who has worked in that capacity for about 40 years.

“The horse in question is Papi On Ice (Keen Ice), who on May 1 was initially credited with a five-furlong work in 1:04.60 over the Belmont Park training track for trainer Randi Persaud. The work now reads a half-mile in :51.33,” Grening reported.

On Mar. 19, Papi On Ice debuted in a $20,000 maiden-claimer at Aqueduct and was “very sluggish early on” after brushing the gate at the break, according to the Equibase chart. The 3-year-old colt was pulled up and got walked off.

On Apr. 16, Papi On Ice ran fifth and last in an Aqueduct MSW, beaten 26 ¾ lengths after breaking inward and bumping a rival.

Grening reported that getting beaten more than 25 lengths triggered a precautionary placement on NYRA's “poor performance” list. He wrote that in order to get off that list, a horse must work a half-mile in :53 or faster. But the rule, “oddly, does not allow for a workout farther than a half-mile.”

Because Papi On Ice's workout was initially published as a five-furlong move, the racing office would not accept the colt's entry for an early May race, Grening reported.

Gazer told DRF that the time of the work was not changed, but the distance was shortened to comply with NYRA's rule. Gazer added that he did not supervise the work himself, but said he was told by the clocker who timed Papi On Ice that the horse did work a properly timed half mile as part of the longer five-eighths breeze on May 1.

“I believe I was well within the guidelines of what the protocols are,” Gazer told DRF.

The ruling cites four NYSGC rules under section 4022, all of which have to do with powers of the stewards to regulate and control the conduct of licensees.

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Baffert Banned in NY Through ‘At Least’ Early July

Citing Section 910 of the New York Racing, Pari-Mutuel Wagering and Breeding Law, the New York State Gaming Commission (NYSGC) has announced that it will honor the 90-day suspension handed down to trainer Bob Baffert and that the conditioner is “prohibited from participating in any New York State horse racing activity through at least July 2, 2022.”

Section 910 reads: “§ 910. Reciprocity of licenses. All license denials, suspensions and revocations imposed by the pertinent racing and gambling authorities of other jurisdictions, including states, United States territories, and Canadian provinces shall be recognized and enforced by the commission …”

According to a release from the NYSGC, Baffert is suspended in New York and may not enter any horses to run at any New York track, including Aqueduct, Belmont Park and Saratoga–run by the New York Racing Association–as well as Finger Lakes Race Track.

New York is one of 38 racing states that honors out-of-state suspensions issued by regulators.

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