and two Palm Sundays in April 2012 when tracks were running all across the US that bettors wanted to bet at Nassau OTB. Sabini must think he is the...... to know when a holy day is and/or deficient in schooling to not recognize that there is a Gregorian Calendar and a Julian Calendar. To each his own and the State of New York should go to hell for telling bettors when a holy day is. It is observed that the infidel feds only put December 25 on the federal holy day calendar. God is on the currency and this should be enough? Not for John Sabini.
Hey Koenig, help out the bettors of NY et al and sue to have NY PML Sec 105 and Sec 108 declared unconstitutional, violative of the rights of NY Bettors secured by NY Const. Art. 1, Sec. 3 and inapplicable to Nassau OTB?
05/22/2012 4:54PM
Dutrow attorney has day in court
Michael Koenig, the attorney representing Dutrow, argued that Sabini’s dual role as chairman of the state racing and wagering board and secretary-treasurer for the Racing Commissioners International created an appearance of impropriety that resulted in a violation of Dutrow’s right to due process.
“What one of Mr. Sabini’s boards was actively advocating for, his other organization controlled and decided,” Koenig argued.
Koenig made his arguments before a five-judge panel that make up the state’s Supreme Court Appellate Division, Third Department, an intermediate-level appellate court. The panel consists of judges Leslie Stein, Robert Rose, Thomas Mercure, John Lahtinen, and William McCarthy.
Kathleen Arnold, an attorney from New York State’s Attorney General’s office, argued the case for the state. Arnold said there is no evidence that Sabini called for the hearing looking into Dutrow’s license. Further, she said, Sabini did not get involved in the case until “the record of evidence was before him.”
A decision in the case is not expected for four to eight weeks. Dutrow did not attend Tuesday’s hearing.
In February 2011, Dutrow was suspended 90 days by the board for two violations that occurred in November 2010. First, one of his horses tested positive for a banned substance. Second, three syringes filled with the drug xylazine were found in the desk drawer of Dutrow’s Aqueduct office.
Dutrow appealed those suspensions on Feb. 16. The following day, Ed Martin, executive director of the RCI, made public a letter asking the New York racing board to hold a show-cause hearing to review whether Dutrow should have his trainer’s license revoked because of a history of repeated rules violations.
According to Koenig, Sabini was forwarded an e-mail that originated from staffers of U.S. Sen. Tom Udall to the RCI questioning whether the 90-day suspension handed Dutrow was too light.
On March 2, the New York racing board announced it would hold a show-cause hearing, which took place over three days last May and June in Schenectady. In October, following the filing of a written report from hearing officer Clem Parente, the three-panel board – including Sabini _ voted unanimously to suspend Dutrow’s license for 10 years while also fining him $50,000.
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