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NY Amends Licensing Requirements for Jockey Agents

The New York State Gaming Commission (NYSGC) on Monday unanimously voted to change the licensing procedure for jockey agents by removing the long-standing requirement for an applicant to have been previously licensed as an exercise rider, jockey, assistant trainer or trainer for at least one year.

The change now allows the stewards to determine whether an applicant is qualified based on experience, background and knowledge.

TDN first reported on this restrictive practice in 2020, describing the then-current version of the rule as “arbitrary, insular and protectionist, ensuring that the path of many bright young people trying to get into the sport will be blocked, and that only insiders can play.”

The NYSGC also unanimously approved a second rule change that eliminates the need for jockeys to be weighed with muzzles, martingales and breastplates. Florida, Kentucky, California, and other states had long ago dropped weighing requirements related to that type of equipment.

A voided claim adjudication from the recent Saratoga Race Course meet was also on the Oct. 3 agenda.

Commissioner Peter Moschetti Jr. had been designated by the NYSGC to decide the matter and affirmed that the Aug. 24 decision by the Saratoga stewards to void the $25,000 claim of Lil Commissioner (Field Commission) from the eighth race would be upheld.

The appeal to try and get the claim to stand was brought by Lil Commissioner's then-owners, Sanford Goldfarb and Alan Khan (trainer Philip Antonacci). Lil Commissioner ran fifth, beaten 11 1/4 lengths that day. Neither the testimony at Monday's commission meeting nor the Equibase chart for the race state which owner and trainer had dropped the claim that was voided.

Executive director Robert Williams read into the record that Moschetti determined that the stewards had voided the claim “after personnel at the test barn dismissed Lil Commissioner in the mistaken belief that the horse had not been claimed. Commissioner Moschetti determined that although the appellants were not at fault, the stewards did not abuse their discretion in voiding the claim, since the horse had left the test barn before being examined by a state veterinarian as required…and had been briefly out of the presence of commission officials…”

Although it was not discussed at Monday's meeting, Lil Commissioner subsequently was entered and claimed for $16,000 at Aqueduct Racetrack Sept. 17. He was eased to last in that race, beaten 48 1/2 lengths. Trainer Antonio Arriaga dropped the claim slip on behalf of owner The Players Group.

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NY Gaming Commission Upholds Void of Claim

A hearing officer for the New York Gaming Commission has upheld the voided claim of Battalion (Tiznow) in the fourth race at Belmont Park, May 28. Bella Mia Stables LLC and their trainer Bob Klesaris had entered the horse into the race with a $25,000 claiming tag. When owner Sanford Goldfarb and trainer Robert Atras claimed the horse, no one notified the Klesaris barn and the horse was returned to their barn, rather than the test barn. The New York Stewards decided to void the claim, and Michael De Bella, Bella Mia's owner, and attorney Drew Mollica appealed that decision.

“I conclude that, on this record, the Stewards did not abuse their discretion and, therefore, affirm the decision of the Stewards to void the claim,” wrote Gaming Commission Member Peter J. Moschetti Jr. in his decision. “The horse's prompt presence in the test barn is required to protect the claimant, who may, if circumstances warrant, avail himself of provisions in Commission Rule 4038.5(a)(4) to have the claim deemed void, if a Commission-designated veterinarian determines that the horse is lame pursuant to the standards of such rule. Rule 4038.5(a)(4) provides that the claim of a horse determined to be sufficiently lame by the Commission-designated veterinarian shall be deemed voided unless a representative of the claimant is present in the test barn and, instead, `decides immediately to accept the horse.'”

It was the job of the NYRA Clerk of Scales Jack Welsh to ensure that notice of a claim is given to the groom of the claimed horse, and he admitted that he had failed to do so.

“Appellants did nothing wrong here,” continued Moschetti in his decision. “Battalion's trainer did eventually bring the horse to the test barn when belatedly informed of the claim, but through no fault of Appellants, time had passed already from the end of the race. Claimant did nothing wrong here, either. However, through no fault of Appellants or Claimant, Claimant was deprived of the assurance that the horse was under the observation of Commission staff from the end of the race until delivery to the test barn for examination.”

Because there is no specific Commission rule on how to handle such a situation, Moschetti said, the Stewards have discretionary power to to impose a remedy. Battalion finished last in the race as the 2-1 favorite.

“I need not make any judgment about whether the Stewards' decision was the only plausible one they could have made, or whether their decision may or may not have been the best one. Rather, I conclude that in applying a Rule that empowers the Stewards to make a discretionary decision in unusual circumstances, the Stewards did not abuse that discretion in retuning the ownership of this horse to the status quo ante.”

“Michael De Bella is happy he fought this fight,” said Mollica, “although we obviously disagree with the commissioner's decision. This case brings to light the arbitrary and capricious nature that have recently been handed down in New York Racing. The facts here are clear and while in the final analysis, the hearing officer stated that although the decision might not be the right one, the Stewards' discretion rule carried the day. My client and I remain convinced, however, that the Stewards' discretion in this case was arbitrary and ill-advised at best, and illogical at worst.”

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Thoroughbred Safety Committee Revises Recommendation For Voided Claims

The Jockey Club Thoroughbred Safety Committee (TSC) announced today a revision to its recommendation titled, “Timing of Title Transfer with Claimed Horses,” which regards voiding claims of horses injured during a race. The TSC first announced a recommendation for voided claim rules at the 2012 Round Table Conference on Matters Pertaining to Racing.

The revision calls for enabling a claim to be voided by the claimant if the claimed horse is placed on the official veterinarian's list due to the horse's exhibiting signs of unsoundness, lameness, or epistaxis within one hour of the race's being declared official.

“Research by Dr. Tim Parkin, head of Bristol Veterinary School and a consultant on the Equine Injury Database, indicates that racetracks that enforce void claim rules have significantly lower incidences of racing fatalities per 1,000 starts when compared to tracks without void claim rules,” said Matt Iuliano, executive vice president and executive director, The Jockey Club. (The full presentation by Dr. Parkin on the subject can be found here: https://www.youtube.com/watch?v=z9Aa2_inAgU&t=2s).

The full text of the void claim recommendation revision, as well as the complete list of recommendations by the TSC, can be found at http://jockeyclub.com/default.asp?section=Advocacy&area=14.

The TSC was created in May 2008 to review every facet of equine health and to recommend actions the industry can take to improve the health and safety of Thoroughbreds. The committee convenes to review myriad safety issues with a cross section of industry representatives, including jockeys, trainers, veterinarians, chemists, pedigree experts, handicappers, owners, breeders, blacksmiths, racing commissioners, racetrack executives, and geneticists.

Committee members are Craig R. Fravel (chairman), Dr. Rick Arthur, James G. (Jimmy) Bell, Dr. Larry Bramlage, Dell Hancock, Jim Lawson, Christopher J. McCarron, Dr. Hiram C. Polk Jr., Tom Robbins, and Jaime Roth. Each is a member of The Jockey Club.

The Jockey Club, founded in 1894 and dedicated to the improvement of Thoroughbred breeding and racing, is the breed registry for North American Thoroughbreds. In fulfillment of its mission, The Jockey Club, directly or through subsidiaries, provides support and leadership on a wide range of important industry initiatives, and it serves the information and technology needs of owners, breeders, media, fans and farms. It founded America's Best Racing (americasbestracing.net), the broad-based fan development initiative for Thoroughbred racing, and in partnership with the Thoroughbred Owners and Breeders Association, operates OwnerView (ownerview.com), the ownership resource. Additional information is available at jockeyclub.com.

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Thoroughbred Safety Committee Revises Voided Claims Recommendations

The Jockey Club Thoroughbred Safety Committee (TSC) has revised its recommendation regarding voided claims of horses injured during a race. Originally titled “Timing of Title Transfer with Claimed Horses,” the revision calls for the ability to void a claim (by the claimant) if the horse is placed on the official veterinarian's list. Reasons allowed include the horse exhibiting signs of unsoundness, lameness, or epistaxis within one hour of the race being declared official.

Created in May 2008, the TSC reviews every facet of equine health and recommends actions to improve the health and safety of Thoroughbred athletes. The committee reviews safety issues with jockeys, trainers, veterinarians, chemists, pedigree experts, handicappers, owners, breeders, blacksmiths, racing commissioners, racetrack executives, and geneticists. Committee members are Craig R. Fravel (chairman), Dr. Rick Arthur, James G. Bell, Dr. Larry Bramlage, Dell Hancock, Jim Lawson, Christopher J. McCarron, Dr. Hiram C. Polk, Jr., Tom Robbins, and Jaime Roth. The TSC first announced a recommendation for voided claim rules at the 2012 Round Table Conference on Matters Pertaining to Racing.

To review full text of the void claim recommendation revision, as well as the complete list of recommendations by the TSC, click here. To view the full presentation by Dr. Parkin, click here.

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