NYGC Affirms Voided Claim in Case Involving $4K Fine
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Photo: Anne M. Eberhardt
A box where claims are submitted prior to a race
New York Gaming Commission member Peter Moschetti Jr. has affirmed a voided claim of the horse Battalion in a race May 28 at Belmont Park in response to an appeal of the stewards' decision.
The voided claim occurred when Battalion finished last of seven as the favorite in the $25,000 claiming race in the fourth race May 28 when racing for Bella Mia Stables and trainer Robert Klesaris. According to Moschetti's decision, distributed June 15 from the NYGC to BloodHorse, the claimant was owner Sanford Goldfarb with Rob Atras as trainer.
According to Moschetti's written decision, NYRA clerk of scales Jack Welsh signed a statement that it is his responsibility to ensure that notice of a claim is given to the groom of a claimed horse and that he failed to do so when Battalion raced May 28. As a result, the horse did not arrive at the test barn to receive a post-race physical examination as promptly as he would have otherwise, leading to the voided claim.
Frank Gabriel Jr., NYRA's senior vice president of racing operations, was previously fined $4,000 related to the incident as head of NYRA's racing department.
Moschetti concluded that the stewards "did not abuse their discretion" in voiding the claim, noting that "there is no specific commission rule on how to address such a situation."
Attorney Drew Mollica, representing Bella Mia Stables and Klesaris, told Daily Racing Form the stewards' discretion in this instance was "ill-founded."