Court Rules Linda Rice License Revocation is Unwarranted

[PaceAdvantage]

The New York Gaming Commission's three-year ban of trainer Linda Rice is “entirely unwarranted,” according to a decision handed down Thursday by the New York Supreme Court's Appellate Division (Third Department). The decision was unanimous.

Unanimous decision you say?

Due process is a thing I guess....who knew?

If only they allowed these rulings to be made by twitter trolls and certain people who post here...

https://www.thoroughbreddailynews.co...s-unwarranted/

[VeryOldMan]

As foregoforever posted in the Linda Rice thread, here's the money quote from the opinion: the penalty of a three-year revocation of her license is so disproportionate to the offense and shockingly unfair as to constitute an abuse of discretion as a matter of law

Sounds right.

[dilanesp]

The court seems to have had some very not-so-nice things to say about NYRA.

[Tom]

If so, the court is over-stepping it's role.

So what now, giv heer a year?

[foregoforever]

Originally Posted by dilanesp

The court seems to have had some very not-so-nice things to say about NYRA.

From the accounts I've seen, NYRA was criticized for lack of rules and oversight of the "hustling" process.

But it looks like the more pointed criticism goes to the Wagering Board, who came up with this penalty despite the lack of rules and the conflicting testimony of Panza and Campos on the severity of the offense.

Haven't seen a link to the opinion. Might be an interesting read.

[VeryOldMan]

License revocation, presumably including for any lesser period, is completely off the table. The Appellate Division even called into question the amount of the fine imposed ($50,000). From the opinion:

[W]e conclude that a license revocation is entirely unwarranted and, while we and petitioner take no issue with the monetary penalty, we remit the matter to respondent to reassess the penalty

https://www.nycourts.gov/reporter/3d...2023_03058.htm

Theoretically the Gaming Commission can appeal to the Court of Appeals (New York's highest court - their court nomenclature is peculiar), but it would be a real longshot to overturn this sort of ruling.

[dilanesp]

Originally Posted by VeryOldMan

License revocation, presumably including for any lesser period, is completely off the table. The Appellate Division even called into question the amount of the fine imposed ($50,000). From the opinion:

[W]e conclude that a license revocation is entirely unwarranted and, while we and petitioner take no issue with the monetary penalty, we remit the matter to respondent to reassess the penalty

https://www.nycourts.gov/reporter/3d...2023_03058.htm

Theoretically the Gaming Commission can appeal to the Court of Appeals (New York's highest court - their court nomenclature is peculiar), but it would be a real longshot to overturn this sort of ruling.

I have taken appeals to the NYCOA. They have very limited jurisdiction. It is highly unlikely something like this fits.

[dilanesp]

Originally Posted by foregoforever

From the accounts I've seen, NYRA was criticized for lack of rules and oversight of the "hustling" process.

But it looks like the more pointed criticism goes to the Wagering Board, who came up with this penalty despite the lack of rules and the conflicting testimony of Panza and Campos on the severity of the offense.

Haven't seen a link to the opinion. Might be an interesting read.

Having read it, I'd say they blame NYRA.

[burnsy]

Originally Posted by dilanesp

Having read it, I'd say they blame NYRA.

Of course they blame NYRA . The court just looked at the facts . Regardless of Christmas presents , NYRA is desperately trying to fill races . Duh, we all know that . So, they figured out she’s not the only one they are trying to get entries from . The court and article state that this is common practice. NYRA is releasing information in order to get entries ..,.. and not just to Linda Rice . When one actually reads the article you can see why the court laughed at the 3 years and 50 k. Obviously, the communication between NYRA and the Gaming Commission is a joke and someone in authority and power has a knife they want to stick in Ms. Rice back . You mean to tell me they are not approaching multiple trainers with this information when they have 3 entrants in their race ? Cmon ! This is the kind of thing that happens when you can’t fill a race and you’re going to blame a trainer because you’re enticing them . Of course , the sharp ones are gonna play the deck . Who wouldn’t ? My guess is that she’s good at this and it pissed someone off . But NYRA is implementing this and allowing it!!

[classhandicapper]

I’d say they got the decision right, but who pays all of Linda’s legal fees?

[cj]

Originally Posted by classhandicapper

I’d say they got the decision right, but who pays all of Linda’s legal fees?

She does, why wouldn't she? It isn't like she was totally innocent here.

[classhandicapper]

Originally Posted by cj

She does, why wouldn't she? It isn't like she was totally innocent here.

I figured that, but given the the wording of the decision, it kind of sucks. She probably should have been fined and that should have been the end of it. Her legal fees were probably more than the fine.