NYS RWB suspends R. Dutrow's license for 10 years

[Calzone Lord]

Meanwhile, Scooter Davis has his name back in the racing form in West Va -- he has an entry in against Rapid Redux.

He makes Dutrow Jr. look like a saint by comparison.

[Rudeboyelvis]

I lolled at this:

"The racing board later upped the penalty to a full revocation of his license, saying that the controversial trainer is a “person whose conduct at racetracks in New York State and elsewhere has been improper, obnoxious, unbecoming, and detrimental to the best interests of racing.”


You can't say the guy didn't bring it on himself - keep trying to show up the boys in Albany and you will eventually get all that heartburn back in spades

[Dahoss]

Hopefully Rudy has extra stall space.

[paulo537]

He'll appeal.

Even money he wins the appeal.

[Cannon Shell]

Originally Posted by paulo537

He'll appeal.

Even money he wins the appeal.

I will take that. How much?

[freddymo]

I hope he wins appeal..Ne did nothing wrong

[Antitrust32]

Originally Posted by freddymo

I hope he wins appeal..Ne did nothing wrong

[pointman]

Originally Posted by paulo537

He'll appeal.

Even money he wins the appeal.

Really, and your basis for this is? Please book me as well.

[pointman]

Dutrow should follow the Biancone model and move on to the next continent.

[postpicker]

Originally Posted by pointman

Really, and your basis for this is? Please book me as well.

There are claims that Sabini being involved is a conflict of interest because Sabini was the Treasurer of ARCI when Ed Martin, President and CEO of ARCI, sent a letter to NYSRWB in February asking that state look into revoking Dutrow's license. So how can Dutrow get a fair hearing if one of the judges is involved in an organization (ARCI) that was asking to revoke license. Dutrow's lawyer asked that Sabini recuse himself from the process and Sabini refused. So if it is proven that Dutrow was denied due process because of conflict of interest, he will win appeal and then chances are, he can sue and get damages for what happened to him because he has been harmed by losing owners, horses, etc because of this ruling.

[Cannon Shell]

Originally Posted by postpicker

There are claims that Sabini being involved is a conflict of interest because Sabini was the Treasurer of ARCI when Ed Martin, President and CEO of ARCI, sent a letter to NYSRWB in February asking that state look into revoking Dutrow's license. So how can Dutrow get a fair hearing if one of the judges is involved in an organization (ARCI) that was asking to revoke license. Dutrow's lawyer asked that Sabini recuse himself from the process and Sabini refused. So if it is proven that Dutrow was denied due process because of conflict of interest, he will win appeal and then chances are, he can sue and get damages for what happened to him because he has been harmed by losing owners, horses, etc because of this ruling.

Uh John, that is the role of the ARCI and NYSRWB. To make and implement policy. I find it hard to believe a public inquiry by Ed Martin acting as head of the racing commissioners organization is going to be enough to find that due process wasn't served. The hearing officer wanted tougher sanctions. He was already denied a license in KY. He had legitimate rulings against him. All they can seemingly hope for is for a court to find the penalty too severe and hope for a reduction. I just dont see what interest was conflicted?

[pointman]

Originally Posted by postpicker

There are claims that Sabini being involved is a conflict of interest because Sabini was the Treasurer of ARCI when Ed Martin, President and CEO of ARCI, sent a letter to NYSRWB in February asking that state look into revoking Dutrow's license. So how can Dutrow get a fair hearing if one of the judges is involved in an organization (ARCI) that was asking to revoke license. Dutrow's lawyer asked that Sabini recuse himself from the process and Sabini refused. So if it is proven that Dutrow was denied due process because of conflict of interest, he will win appeal and then chances are, he can sue and get damages for what happened to him because he has been harmed by losing owners, horses, etc because of this ruling.

The conflict is interesting, but it does not address the substance of the numerous violations which led to the imposition of the penalty. A license for anything issued by a State is a privilege, not a right. Therefore, the revoking agency is accorded a wide range of discretion. The appeals court is limited to a determination as to whether there was substantial evidence to support the findings made as opposed to being arbitrary or capricious.

Dutrow will have the burden of demonstrating that the conflict violated his due process rights to a fair hearing (and frankly administrative hearings in New York are not fair to begin with, they tend to almost always be stacked against the respondent). Even if he can overcome that hurdle, he then has to overcome the substantial evidence of the rules he has broken.

Dutrow's chances of overcoming both those hurdles are slim. As Chuck said, Dutrow has a better chance of convincing a court that the penalty is unduly harsh considering the level of evidence introduced against him. Even then, the Court is unlikely to act unless it finds the penalty shocks the Court's sense of fairness.

Dutrow may get a stay of the revocation pending appeals since he will be given the benefit of the doubt, but considering the number of violations his chances on appeal are slim IMO. Though the penalty is a stringent one, considering Dutrow's history of violations in NY and elsewhere, he may even have a hard time getting a reduction from the Courts.

[3kings]

Originally Posted by Dahoss

Hopefully Rudy has extra stall space.

I laughed but you may be right. Owners who use obvious, I mean "suspected" cheaters will just move on to the next one.

[MisterB]

Why would you call Rudy a cheater?? Stupid comment!!! You are clueless and stupid also. I guess you are a called troll, who has troll comments. I can deal with it, but I am a counter troll commentator.

[freddymo]

Originally Posted by MisterB

Why would you call Rudy a cheater?? Stupid comment!!! You are clueless and stupid also. I guess you are a called troll, who has troll comments. I can deal with it, but I am a counter troll commentator.

Mr Brown Please expand why you think a journeyman jock suddenly was able to build such a barn for such a fine upstanding client base? This should be good

[asudevil]

Ten effin years babe. Guess he'll have to go run real good somewhere's else. Too bad babe...we had a real good run. I cashed real good on St. Liam, babe. Shame babe cause we run really good.

Originally Posted by MisterB

Why would you call Rudy a cheater?? Stupid comment!!! You are clueless and stupid also. I guess you are a called troll, who has troll comments. I can deal with it, but I am a counter troll commentator.

This is rich. Mr. Integrity has spoken.