Drew Mollica

by T.D. Thornton & Bill Finley The New York State Gaming Commission (NYSGC) on Monday adjudicated two unrelated penalty appeals by a clocker and a trainer by flat-out rejecting two separate hearing officers' recommendations that those cases be dismissed without penalization. In both instances, the commissioners voted unanimously to impose the original penalties that had been handed down by Braulio Baeza, Jr., the NYSGC state steward at the three New York Racing Association (NYRA) tracks. Monday's vote means trainer Orlando Noda now must pay a fine of $5,000, serve a...

Jamie Ness, a prolific winner in the Mid-Atlantic states and the third-leading trainer in the country in wins, has been handed a six-month suspension by the Pennsylvania Racing Commission after a horse he trained tested positive for Bufotenine. Ness was also fined $5,000. The suspension is scheduled to begin Sept. 5 and runs through March 3, 2023. Ness, who is being represented by attorney Andrew Mollica, has appealed the suspension. "We are in the process of appealing," Mollica said. "We will take this the whole way. He obviously vehemently denies...

The court-appointed trustee in the nearly two-year-old Zayat Stables involuntary bankruptcy case is proposing a settlement in which Ahmed Zayat and his family members would pay $5 million to be allocated between MGG Investment Group and the trustee. Of that amount, only $30,000 is earmarked to eventually go to "unsecured creditors," some of whom are Thoroughbred industry participants owed money by Zayat Stables and are much further down the legal pecking order for otherwise getting repaid. MGG will also get a disbursement from the funds in the bankruptcy trustee's account...

A hearing officer for the New York Gaming Commission has upheld the voided claim of Battalion (Tiznow) in the fourth race at Belmont Park, May 28. Bella Mia Stables LLC and their trainer Bob Klesaris had entered the horse into the race with a $25,000 claiming tag. When owner Sanford Goldfarb and trainer Robert Atras claimed the horse, no one notified the Klesaris barn and the horse was returned to their barn, rather than the test barn. The New York Stewards decided to void the claim, and Michael De Bella,...

Trainer Robert Klesaris and his lawyer Drew Mollica have filed an appeal of the voided claim of Battalion (Tiznow) following the fourth race at Belmont Park May 28 with the New York State Gaming Commission. Mollica has filed a brief on behalf of Klesaris and owner Mike DeBella and the matter will be heard June 7 by Peter Moschetti. Battalion finished seventh in the May 28 race and, when he received no notification of any claim, Klesaris said he had the horse returned to his barn. Once notified that trainer...

A Monday news story in the Blood-Horse stating that the New York State Gaming Commission (NYSGC) would be taking no action on a formal protest lodged by the owner of the runner-up in the Dec. 4 GII Remsen S. came as a surprise to that owner and his attorney, who told TDN later in the day they had received no communication from the commission indicating that the protest wouldn't be allowed to advance. The matter involves Jeff Drown, the owner of Remsen second-place finisher Zandon (Upstart), who said that the...

The owner of the runner-up in last Saturday's GII Remsen S. at Aqueduct has lodged a protest with the New York State Gaming Commission (NYSGC) over the stewards' non-disqualification of the winner by a nose in that race after both an inquiry and a jockey's foul claim regarding the stretch run. Dave Grening of Daily Racing Form first reported the news on Thursday. He quoted Jeff Drown, the owner of second-place finisher Zandon (Upstart), who said that the actions of victor Mo Donegal (Uncle Mo) and that colt's jockey, Irad...

   The New York State Gaming Commission (NYSGC) on Monday denied a request by trainer Ken McPeek to bring clarity to the process of how and when Thoroughbreds coming out of a quarantine can be allowed to enter races.    Back on July 15, another trainer's horse in the barn McPeek shared at Saratoga Race Course tested positive for equine herpesvirus (EHV-1). State agriculture officials, the New York Racing Association, and the NYSGC then imposed a 21-day quarantine of the entire barn retroactive to July 11, which is a common...

by Andrew J. Mollica, Esq and Len Green, CPA What an industry! The recent, well-publicized ongoing legal sagas of both Ahmed Zayat and Ken Ramsey have brought issues surrounding owner-trainer financial relationships into clear focus. Yet, the truth is that no-pay or slow-paying owners probably have been a small, but existing part of racing since the game was invented. Despite its topical nature, the problem is not going away anytime soon, and the reason is simple: horse racing is a 21st-century industry that is based on an 18th-century business model....

According to a ruling released Wednesday, trainer Orlando Noda has been fined $5,000 by the New York stewards for "action detrimental to the best interest of racing." According to a report in the Daily Racing Form, which cited multiple sources, Noda was seen being overly aggressive with a horse during morning exercise recently in Saratoga. When reached by the TDN, Noda declined to comment and referred questions to his attorney, Drew Mollica. "The commission rendered a fine and the allegation is not clear to me yet," Mollica said. "I am...

When his barn at Saratoga was placed under quarantine due to an outbreak of Equine Herpesvirus, trainer Ken McPeek assumed his horses would be allowed to race starting Aug.1, the day the quarantine was due to be lifted. Instead, none of his entries for the Aug. 1, 4 and 5 cards were accepted because, McPeek was told, the horses were still under quarantine at the time entries were taken. While it is too late to get his horses entered into the upcoming cards in question, McPeek, through his attorney Drew...

The Delaware Thoroughbred Racing Commission (DTRC) has reversed a ruling issued in November and dropped all penalties that had been levied against trainer Anthony Pecoraro for alleged unauthorized use of a shockwave therapy machine. Pecoraro, who was originally suspended six months and fined $1,000, appealed the ruling and the matter was resolved Tuesday at a commission meeting. The penalties originally accessed to owner David Neilson were reduced with the commission voting to reduce his one-year suspension to 30 days. The case revolved around 5-year-old Glencairn, who suffered a catastrophic injury...