New York Regulators Uphold Fine Against Castellano

A $2,000 fine slapped on Javier Castellano was upheld by top regulators at the state Gaming Commission for a bumping incident during an August race at Saratoga Race Course won by the Hall of Fame jockey.

The state agency Dec. 11 issued its findings and order by the commission's board affirming a steward's decision to impose the fine against Castellano for failing to keep his horse, No Need to Appeal, in a straight line and not having the proper clearance when drifting into the path of other horses.

Castellano appealed the steward's on-track decision on Aug. 15 and asked for a hearing before a Gaming Commission hearing officer. A copy of the hearing officer's report released by the agency states that the incident occurred in the third race that day at Saratoga with Castellano riding the No. 2 horse. Aboard the No. 5 horse, Pacific Gal, was David Cohen.

The report said Cohen held his horse against the rail until the last furlong. As Pacific Gal started to fall back, Castellano bumped "pretty good" into Cohen's horse, the state report said. The hearing officer said that was a violation of racing rules governing "careless riding.'' The steward expressed a view that the bumping incident was not intentional, "but was careless.''

Castellano, appearing without a lawyer, told a hearing officer five days after the incident that a continuing block of his horse by Cohen's horse "crossed the line,'' according to the hearing report. He maintained it was Cohen who failed to keep his horse running straight. He said No Need for Appeal would have kept running straight had Pacific Gal not deviated near the end of the race. The state steward who witnessed the race, Carmine Donofrio, talked to the two jockeys after the incident and, after viewing a video of the race, determined Castellano was at fault.

"Mr. Donofrio emphasized that Castellano, and all jockeys, have been warned about this type of riding. The warning was always the same: 'stay straight,''' Michael Hoblock, the hearing officer, wrote in his report. Hoblock is a former chairman of the state Racing and Gaming Board, the predecessor agency to the current Gaming Commission, which regulates racing in New York State.

The Gaming Commission's board, in a written order Tuesday, said Castellano shall be ineligible to race until his $2,000 fine is paid to the state.