“This report concludes that there are a multitude of risk factors that likely contributed to the fatalities during the 2023 Meet. These findings will drive HISA's data collection, recommended racetrack practices and regulatory scheme going forward.” the report concluded.

HISA examined several factors, including the racetrack surfaces, the potential impact of weather, the veterinary histories of the horses that broke down and the necropsy reports that were done following their deaths, the exercise history of each horse and a review of any potential HISA rule violations that may have contributed to the injuries.

The closest HISA came to pointing a finger at one particular factor was its conclusion that weather may have played a role. It was a particularly wet meet at Saratoga with 11.03 inches of rain coming down during the racing season. In 2022, 7.76 inches of rain fell.

“…the significantly increased rainfall during the 2023 Meet compared to previous years cannot be overlooked and available data suggests that the rainfall could have played a role in the increased risk of fatal injury during the 2023 Meet,” the report read. “HISA is working cooperatively with the Racing Surfaces Testing Laboratory to collect and analyze additional track surface data to better understand the effects of weather on racetrack maintenance.”

Three of the 11 horses that suffered  fatal musculoskeletal injuries received corticosteroid injections in the affected joint within 30 days of racing. HISA is in the process of trying to change its rules regarding corticosteroids so that they cannot be injected into a horse within 30 days of it racing.

HISA also discovered that there may be red flags associated with horses who undergo an excessive amount of exercise.

“…an analysis of the exercise histories of the deceased horses showed that horses having participated in more frequent high intensity exercise and furlongs were 2.5 times more likely than the control group to be injured.”

The report also found that one of the horses that suffered a fatal injury was on the veterinarians list as unsound at the time of the injury. Two others had previously spent time on the vets list.

Following the report, NYRA Vice President for Communications Pat McKenna issued a statement, which read: “Continuously improving equine safety is a fundamental responsibility shared among racetrack operators, regulators, trainers, breeders and owners. HISA's review of the 2023 summer meet at Saratoga Race Course enhances our understanding of the myriad factors that may contribute to injuries sustained during training or racing.”

“To prevent serious injuries before they happen, NYRA is embracing science and technology to provide veterinarians and trainers with the tools necessary to identify underlying conditions and further reduce the frequency of equine injuries. Beyond the adoption of biometric wearables and artificial intelligence, NYRA is working with the University of Kentucky and Racing Surfaces Testing Laboratory to expand our understanding of how weather conditions impact racetrack performance. Ensuring the safety of horses and jockeys competing on the NYRA circuit is our highest priority, and we thank HISA for investing the time and resources to develop an informative review of the 2023 summer meet.”

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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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“Sunday's live racing program will proceed as scheduled following a series of productive meetings held with horsemen, jockeys, and veterinarians last night and throughout the morning,” read an emailed statement. “Based on these conversations and ensuing dialogue, NYRA is confident in the safety and overall consistency of the racing surfaces.”

On Saturday's Travers Day card, Nobel (Ire) (Lope de Vega {Ire}) broke down in the fifth race while galloping out on the turf, and New York Thunder (Nyquist) broke down when on his way to an apparent victory in the GI Allen Jerkens Memorial S. on the dirt.

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“Following consistent and productive dialogue between Saffie Joseph Jr. and NYRA, Joseph Jr. will resume training and racing at NYRA tracks,” McKenna wrote. “He has nominated Violet Gibson to the $150,000 Wild Applause and has been allotted 23 stalls for the 2023 summer meet at Saratoga Race Course. NYRA will adjust accordingly should the investigation in Kentucky reveal any wrongdoing.”

Two of Joseph's trainees died of unexplained causes in the week leading up to the Kentucky Derby, causing Churchill Downs to suspend him indefinitely, and scratch his Derby entrant, Lord Miles (Curlin) from the race.

While Joseph was never officially forbidden from running at NYRA, the association issued a statement after the Churchill ban that made it clear he would not be running at New York tracks.

“Following recent events at Churchill Downs, which remain under investigation by the Kentucky Horse Racing Commission, NYRA has engaged in discussions with trainer Saffie Joseph Jr.,” said McKenna at the time. “Mr. Joseph has no horses stabled at Belmont Park and, to our understanding, is not currently planning on shipping horses to New York or entering races at Belmont Park while the matter is under investigation. NYRA will continue to evaluate our response should new information come to light.”

“In general, after what happened at Churchill, we wanted answers,” said Joseph in explaining his absence from New York. “I was going to give NYRA respect until I got answers, thinking it would be four weeks maximum. Obviously, this carried over a much longer period.” The necropsy result released on the first of the two horses, Parents Pride, was inconclusive, according to a statement from the Kentucky Horse Racing Commission on June 3. The report said that bloodwork did not detect any prohibited substances or overages of allowed medications. A necropsy report on the second horse, Chasing Artie, is still pending.

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“Should the construction of a new Belmont Park require the Belmont Stakes to be run at a different venue, then NYRA's preference would absolutely be to hold the event at Saratoga Racecourse,” said NYRA's Director of Communications, Patrick McKenna, in a text to the TDN on Monday.

In an interview on this week's TDN Writers' Room podcast, NYRA CEO David O'Rourke said that plans call for the new Belmont to be finished before the 2026 Belmont, and early conversation with NYRA had centered on possibly holding the Belmont at Aqueduct in 2025 and even 2026 if necessary. Other options, like tents at Belmont, have also been discussed. “Right now, we're in the master planning stage,” said O'Rourke on the Writers' Room. “Ideally, we'd like to have the project completed for the 2026 Belmont. I'm saying that before we have gone deep into the planning and the staging, but that is our goal entering into the process.”

However, said McKenna, “A Belmont Stakes 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.”

The current Belmont was opened in 1968, and will be torn down and rebuilt courtesy of a $455-million loan from the state of New York.

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The race, a $100,000 allowance optional claimer at one mile had drawn six entries, but was left with just two: Pharoah's Heart (American Pharoah) and Honey Money (Central Banker) after the omission came to light.

“Four horses entered to run in today's R3 at Belmont Park @TheNYRA were not administered Lasix within the permitted timeframe,” Tweeted NYRA's Director of Communications, Patrick McKenna. “As a result, Impazible Donna (#1), Dancing Sophia (#2), Ok Honey (#5) and Movie Moxy (#6) have been scratched by the stewards.”

Reached by email, McKenna outlined the relevant rule requiring the stewards to scratch the horses.

The rule is Gaming Commission rule, 4043.2 Section 7, which reads. “Ineligibility to start. Any horse that is eligible for the administration of furosemide must be present on the grounds of the racing association or corporation no less than four hours prior to scheduled post time of the race in which the horse is scheduled to compete. A horse that is not present at least four hours prior to post time or that has not received the administration of furosemide pursuant to this subdivision shall be ineligible to start.”

“Per the stewards, purse money only is not an option in this instance,” McKenna added. “NYRA is responsible for the administration of Lasix at Belmont Park, not the New York State Gaming Commission. NYRA will review the relevant internal protocols and update as necessary.”

“What I was told was that the vet did not administer Lasix to four of the six participants, which caused them to be scratched,” said Linda Rice, who was scheduled to send out Movie Moxie (Street Sense) in the race. “Obviously no one is happy.”

Rice said that the Lasix should have been administered between 9:30 and 10 a.m., and that four hours before post time, scheduled for 2:16 p.m., those horses who had not been treated were scratched.

Trainer Rob Atras sent out Honey Money, who did receive Lasix Friday morning.

“I'm not there today, but what I was told is that the vet missed (giving them) the Lasix,” said Atras. “I don't know how he got two, but missed the other four,” he said, adding that Michelle Nevin's starter, Pharoah's Heart, is in a barn close to his, and also received the medication.

A spokesman for the New York State Gaming Commission said that the commission had no official comment for publication.

Friday's was the second incident in under a year when four horses had to be scratched after not receiving Lasix in a timely manner–both involving Lascher. In 2022, he was fined $4,000 by the Gaming Commission after “failing to follow proper Lasix procedures necessitating the late scratches of horses racing.”

Friday's third race was won by Pharoah's Heart, who went off the 1-2 favorite.

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As the final weeks of budget negotiations begin, both the Senate and Assembly majorities included the project to build a new Belmont Park in their “One House” budget resolutions. The project was also included in Governor Kathy Hochul's Executive Budget Proposal last month.

The Belmont modernization project's inclusion in the Senate and Assembly One House budget resolutions comes just one day after over 100 New Yorkers–including organized labor, family farmers, small business owners, backstretch workers, and more–joined legislators from both parties to rally in the State Capitol in support of the project.

“The construction of a new Belmont Park that will create thousands of jobs, generate billions in economic activity and secure the future of Thoroughbred racing in New York State at no cost to taxpayers. By supporting this transformational project, Governor Hochul, Majority Leader Stewart-Cousins, Speaker Heastie, and our partners in the legislature are protecting the interests of thousands of hard-working New Yorkers on Long Island and across the state,” said Patrick McKenna, Vice President for Communications at the New York Racing Association, Inc.

“Supporting a new Belmont Park also means standing up for organized labor, protecting countless small businesses, and preserving family farms reliant on the statewide racing ecosystem. Horse racing means jobs and opportunities for thousands of New York families in every corner of the state. That's what a new Belmont Park is all about, and we'll continue working with leaders in Albany to get this project across the finish line.”

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Senate Bill 2343 is similar to a measure introduced a year ago, also by Sen. Addabbo, but which was never advanced for a vote, TIF reports.

“There should be no doubt amongst racing stakeholders that our existing pari-mutuel offerings are not enough in today's competitive market,” said Thoroughbred Idea Foundation executive director Patrick Cummings.

“Fixed odds bets for racing won't replace pari-mutuel wagering, but rather complement our existing offerings, and meet modern customers with a modern product that they currently enjoy with widespread sports betting options.

“After adjusting for inflation, we estimate that mainstream handle on U.S. racing has declined by roughly two-thirds over the last 20 years. The pari-mutuel status quo with high takeout rates and the constant promotion of low-churn exotic bets have depleted our mass market customers. Fixed odds betting offers racing a chance to recapture those that drifted from the sport while introducing our product to new audiences.”

In a statement from the New York Racing Association published earlier this week by DRF, spokesman Patrick McKenna indicated the measure had NYRA's support and “presents an enormous opportunity for horse racing to share in the rapid growth and unrivaled success of New York State's mobile sports wagering marketplace.”

“Allowing mobile sports wagering platforms to offer premium horse racing content would generate untapped gaming revenue for New York State, attract new fans to horse racing, and deepen the sport's overall economic impact.”

TIF supported the expansion into complementary fixed odds options in its 2019 white paper, which can be reviewed here.

Last year was the first full season with fixed odds offerings for on-track customers at Monmouth Park in New Jersey, where the offering is managed by Australian firm BetMakers. Wider distribution to New Jersey customers, including ADW betting via fixed odds on Monmouth races and simulcasted races, is expected in 2023, the TIF reported.

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“There is no new rule,” wrote Brad Maoine, Director of Communications for the New York State Gaming Commission in response to TDN's request for information about the new posting on the overnight. “The intent of the message is (to) ensure that the betting public has access to accurate information regarding equipment changes in a timely fashion.”

But a reading of the NYSGC's rule 4033.8 reveals no mention of a horse's equipment, and reads only, “Only equipment specifically approved by the stewards shall be worn or carried by a jockey or a horse in a race.” There is no mention of equipment changes for horses after the publishing of the overnight in the ruling as stated on the Gaming Commission's website.

Trainers, horsemen's representatives and the NYRA expressed confusion over what the impetus for the rule was, and concern over the repercussions.

Right now, NYRA races are drawn either five, three or two days in advance of the race, with any late changes announced on the t.v. and general address system at the track, and off.

“NYRA has mechanisms in place to inform the betting public in the event of a late equipment change,” said NYRA spokesman Patrick McKenna. “This new rule does nothing to further protect horseplayers and will likely penalize owners for administrative errors that can easily be corrected in real time.”

“I think there are several issues with it,” said trainer Todd Pletcher. “My first concern would be over an occasional shoe situation. We've had scenarios where a horse sheds a frog and we train the horse in an aluminum pad, and we try to keep it on to complete their training, which is usually right up to the day of the race. If you want to make that shoe change you sometimes literally don't know until game day. Entries in most jurisdictions are becoming further and further out, so that's one concern.”

Secondly, he said, “everyone makes mistakes occasionally, and maybe you made an honest mistake and didn't enter with blinkers, and caught it after the overnight came out, or maybe the racing office made a mistake and didn't note blinkers on. It seems as if there should be a 24-hour grace period.”

Trainer David Donk conceded that in a perfect world, trainers would and should indicate changes of equipment at entry time, but that the current system of taking entries by phone, rather than by computer with mandatory fields filled out, made it more likely for errors to be made.

“Why can't I enter online?” said Donk. “Listen, it is the trainer's responsibility. I probably don't have a real problem with it, but is it the commission overstepping? I don't see where it's coming from, and why there can't be a grace period? Common sense says there should be some compromise.”

Donk said that he imagined that the equipment changes hinted at would be blinker changes or the addition of a bar shoe. Attorney Drew Mollica—who has represented numerous clients in conflicts with the Gaming Commission, including two currently–said that he envisioned that the rule would not only make it more likely to cause unnecessary scratches, but could be subject to legal challenges.

“No shoe changes after entry puts the horse in jeopardy and hurts the track,” said Mollica. “Say a horse pops a small quarter crack and needs a bar shoe. If that is announced, does that not protect the owner, the public, the horse and the track? But under this rule, he must scratch. Why?”

“And how about blinkers?” he continued. “Say a horse breezes on the day after entry and the trainer thinks blinkers would help, but now has to scratch or run without equipment that could benefit his performance because the new rule says he must scratch or not wear them? Who does this help? In a game that has enough natural landmines, do we have to plant more?”

Will Alempijevic, the executive director of the New York Thoroughbred Horsemen's Association, replied in an email, “NYTHA is currently engaged in discussions with both the NYSGC and NYRA to understand the issues that precipitated the change.  We will continue to play an active role to see if we can collectively come up with proposed solutions to everyone's mutual benefit.”

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According to the civil complaint, Thoro-Graph is suing both NYRA and its NYRA Bets ADW platform over the alleged non-payment of at least $333,000 that Thoro-Graph believes is its rightful cut for incentivizing horseplayers to become NYRA Bets customers via a free, membership-based portal called Thoro-Graph Player Services (TGPS).

Thoro-Graph claimed in its complaint that its portal grew NYRA's betting handle by $100 million over a roughly five-year span, “solely through the joint venture resulting in $3 million in revenue” for NYRA.

When the alignment between the two entities was first announced in 2017, the deal was billed as giving Thoro-Graph an ADW partner, while NYRA Bets got a valuable pipeline of new customers.

Horseplayers would benefit too, a TGPS executive explained at the time of the launch, because they would get access to “concierge-level support,” volume-based wagering rebates, on-track visitation amenities and discounts on Thoro-Graph handicapping products.

But according to the lawsuit, “Defendant NYRA failed to perform its part of the bargain [by allegedly not paying] Plaintiff its full 50% share of its Net Revenue,” wrote Karen Murphy, the attorney for Thoro-Graph, in the Dec. 19, 2022, filing.

“That breach has resulted in hundreds of thousands of dollars in losses to date and has impacted the value of Plaintiff's corporation resulting in additional lost profits to Plaintiff,” the complaint stated.

The filing stated that the dispute involves how net revenues are calculated: “Plaintiff is entitled to its full 50% share of defendant NYRA's revenue that is generated from the handle wagered on NYRA races by non-New York residents and paid to defendant NYRA. In failing to do so, defendant NYRA is in material breach of its core financial obligation to pay Plaintiff its full revenue share under the terms of the joint venture.”

The complaint contended that Thoro-Graph attempted “good faith settlement efforts” to square up the purportedly mounting non-payments, including making a written demand for the money on June 13, 2022, and a meeting with NYRA representatives to discuss the issue.

“[NYRA's] response was to intimidate Plaintiff with the threat of termination of the joint venture and not to address the failure to pay Plaintiff its full 50/50 share,” the complaint stated.

NYRA then followed through with a letter Dec. 12 giving a 180-day notice of termination of the partnership. That action, in turn, led to Thoro-Graph's lawsuit one week later seeking “compensatory damages which are no less than $500,000 [and] estimated additional damages for the remainder of the term of the existing Agreement.”

The court has set a Feb. 10 date for the defendants to file a reply. TDN asked a NYRA spokesperson if the racing association or NYRA Bets wished to comment prior to that filing, and also asked how the termination of TGPS might affect horseplayers who use the portal.

“NYRA will honor the terms of confidentiality agreed to by the parties involved and reply to the court by Feb. 10. This contractual dispute does not and will not impact NYRA customers,” Patrick McKenna, NYRA's vice president for communications, wrote in an email.

The “Termination for Convenience” letter that NYRA served Thoro-Graph is scheduled to become effective June 10.

“That notice of termination has now been issued solely because Plaintiff made it clear it would proceed with legal efforts to protect its rights under the Agreements to receive its full share of compensation,” Thoro-Graph's complaint stated.

“Plaintiff performed its obligations under [the contracted terms] by maintaining its website as 'best in class' and offering free and reduced priced Thoro-Graph data which has resulted in NYRA Bets signing up over 1,700 horseplayers. This was accomplished by Plaintiff without any marketing assistance from the NYRA Parties…” the complaint stated.

“In 2017, Plaintiff grew the handle of defendant NYRA Bets by $3.1 million,” Thoro-Graph's court filing stated. “In 2018 Plaintiff's contribution was $10.7 million; in 2019 the contribution went to $15.3 million; in 2020 the contribution was $22.7; in 2021 the contribution reached $24 million; [At the time the Dec. 19 lawsuit was filed] Plaintiff's contribution [was] on track to reach $25 million making the total added handle over $100 million.”

Drilling the alleged non-payment issue down further, the complaint stated that NYRA's deduction of an “import host fee” from the net revenue calculation is a chief bone of contention.

The complaint put it this way: “To be clear, what defendant NYRA is claiming is an “import host fee” is simply money RECEIVED by NYRA Bets solely as a result of “Qualifying Wagers” by non-New York residents on NYRA CONTENT and then passed on to and RECEIVED BY DEFENDANT NYRA AS REVENUE.”

Attorney Murphy, when reached by the TDN, said, “For now, we will let the complaint speak for itself. We will have more to say after NYRA's response.”

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