In its June 8, 2023 decision, the Appellate Division vacated the Gaming Commission’s attempt to take away Ms. Rice’s NYS trainer license for a minimum of three years (along with its fine of $50,000) and sent the matter back to the NYS Gaming Commission to reconsider its penalty based on its finding that such a deprivation of her professional livelihood was “shocking to the conscience” and “entirely unwarranted.” Thereafter, the Gaming Commission asked General Counsel for the Commission and MSEK Attorneys Turro and Rinaldi, as counsel for Ms. Rice, to submit recommendations on a new penalty. The Commission’s Counsel recommended the suspension be reduced to one and a half years and Attorneys Turro’s submission steadfastly argued that any suspension would be completely inconsistent with the Appellate Division’s decision. Neither submission recommended the fine be increased. On October 3, 2023 the Agency announced that its Commissioners voted nonetheless to increase the fine by $50,000. However, more importantly, the Commissioners voted to reject the recommendation of its own General Counsel to impose a 1-1/2 year suspension on Ms. Rice and instead adopted the recommendation of Attorney Turro to permit Ms. Rice to continue to train without any revocation or suspension at all!
Read the full article in BloodHorse Magazine.