Drew Mollica

Nunn's Attorney Charges HISA With Hypocrisy In Dealing With Intra-Articular Injections

Attorney Drew Mollica understands that his client trainer Doug Nunn violated Horseracing Integrity and Safety Authority (HISA) Rule 3313, which prohibits trainers from running a horse within 14 days of an intra-articular joint injection or working them within seven days of the injection. What he doesn't understand is why his client has been suspended while at least 15 other trainers have been let off the hook for the same violation. "This is the height of hypocrisy," Mollica said. "He has been victimized by a system that is flawed." On June...

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Ward Hit With 15-Day Suspension For Monmouth Positives

Trainer Wesley Ward has begun serving a 15-day suspension after a horse he trained tested positive for the substances naproxen and metformin following a July 15, 2022, race at Monmouth. Ward's suspension began June 23 and ends July 7. He was also fined $2,000. The Paulick Report was first with the story. The infraction occurred in a five-furlong maiden special weight race on the turf with the gelding Insanity It Seems (Tale of the Cat), who won by 2 1/4 lengths. The horse, who is also owned by Ward, has...

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Pennsylvania Commission Rescinds Ness Penalties From '22

The Pennsylvania State Horse Racing Commission (PSHRC) has rescinded an Aug. 18, 2022, ruling against trainer Jamie Ness that suspended him six months and fined him $5,000 for a positive drug test for bufotenine in a winning horse at Parx. Bufotenine is a psychoactive substance often referred to as "toad venom" because one of its sources is the skin of toads from the genus Bufo. In humans, it has been used for centuries in traditional forms of medicine as both a hallucinogen and a purported aphrodisiac. Starting in the 1990s,...

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New Ruling on Changes Leaves NYRA, Trainers Puzzled

The notice began appearing on the overnight in early January. "By order of the stewards. Pursuant to NYSGC RULE 4033.8. Effective February 1st, only equipment specifically approved by the stewards shall be worn or carried by a jockey or a horse in a race. No equipment change (including shoes) will be allowed once the overnight is published." "There is no new rule," wrote Brad Maoine, Director of Communications for the New York State Gaming Commission in response to TDN's request for information about the new posting on the overnight. "The...

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Denied Commission Stay, Trainer Noda Fights NYSGC Penalty in Court

In an effort to fight a 90-day suspension and $5,000 fine for "striking a horse excessively" during a 2021 workout at Saratoga Race Course, trainer Orlando Noda has commenced proceedings in Schenectady Supreme Court that he hopes will prove the New York State Gaming Commission (NYSGC) acted unlawfully last month when it rejected an appeal hearing officer's recommendation that his case be dismissed without penalization. Noda's legal filing is known as an Article 78 review, which pertains to a New York state law by which a petitioner can ask a...

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Trainer, Clocker Stunned as NYSGC Rejects Advice of from Hearing Appeal Officers

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...

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Ness Receives Six-Month Suspension in PA; Has Appealed

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...

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Proposed $5M Zayat Settlement Gives Only $30K to 'Unsecured' Claimants

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...

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NY Gaming Commission Upholds Void of Claim

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,...

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Klesaris Files Appeal of Voided Claim

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...

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Owner Who Filed Remsen Protest Surprised NYSGC Won't Hear It

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...

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Owner of Remsen Runner-up Protesting Non-DQ of Winner

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...

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