New York Will Not Hear Sword Dancer Appeal

Saying the stewards' decision was a judgment call not subject to appeal, the New York State Gaming Commission will not consider an appeal of the stewards' choice to take no action against Inordinate in the Aug. 27 Sword Dancer Stakes (gr. IT) at Saratoga Race Course.

Kirk Wycoff, managing partner of Three Diamonds Farm, had filed an appeal with the NYSGC after the stewards opted to not change the order of finish. Three Diamonds Farm's Roman Approval finished sixth in the race and his trainer, Mike Maker, lodged an objection claiming the horse was interfered with by Inordinate, who finished fifth. Wycoff wanted the NYGSC to review the stewards' decision.

On Sept. 2 the NYGSC sent Wycoff an email saying it did not have the power to hear the appeal.

"This placement decision was a judgment call, which the stewards are empowered to make under Commission Rule 4039.20 and is therefore not appealable under Rule 4039.5," the email said. "New York courts have long held that stewards' placement decisions are questions of fact that cannot be appealed."

The 4039.2 rule reads: "The stewards are vested with the power to determine the extent of disqualification in case of fouls. The stewards may place the offending horse behind such horses as, in the stewards' judgment, the offending horse interfered with, or the stewards may place the offending horse last, and the stewards may disqualify the offending horse from participation in any part of the purse.

The 4039.5 rule reads: "Every objection shall be decided by the stewards, but their decision shall be subject to appeal in writing to the commission so far as relates to points involving the interpretation of this article or to any question other than a question of fact."

In filing the appeal, Wycoff said: "I was very disappointed in the stewards' decision not to take down Inordinate. He took a right turn into our horse."

Wycoff's view of the incident seems to be backed by the Equibase chart footnotes, which read in part that "(Inordinate) was pulled off the inside at the top of the stretch, jostled with Roman Approval, while letting his stablemate Flintshire through, then gave way."

Flintshire, who won the race, and Indordinate, who ran as a rabbit in the race, are both trained by Chad Brown. New York rules allow stewards to take action against a horse who benefits from a stablemate's foul, but the stewards determined that Inordinate had not committed a foul.

In his request for appeal, Wycoff also noted that Aaron Gryder, aboard Indordinate, as required by New York's racing rules, ride to win the race. He cited rule 4035 (2) (a), under which a horse can be disqualified if his jockey was willful or careless, or may have altered the finish of the race.

He also pointed to rule 4035.4, which stipulates that all horses are required to "give their best efforts" and that instructions to jockeys to ride their mounts "otherwise than for the purpose of winning" are not permitted and subject to disciplinary action by the stewards.