Mike Sinclair - Tioga

[Anonymoose]

The truth is it's not looking good for Sinclair.

[richesskid]

PLEASE TAKE NOTICE that the occupational licenses of you, Michael J. Sinclair, to participate in pari-mutuel harness racing as an owner, trainer or otherwise are hereby SUSPENDED IMMEDIATELY pending the disposition by the New York State Gaming Commission (“Commission”) of the scheduled hearing before the Commission, or if you refuse such hearing or default in appearing, SUSPENDED until such time as the Commission in its discretion takes further action, including, without limitation, a fine and license suspension or revocation or refusal to license.
     YOU ARE FURTHER NOTIFIED that a hearing in this matter will be held at 10:00 a.m. on Wednesday, June 21, 2017, at Commission offices located at One Broadway Center, Schenectady, New York, at which time you may be represented by counsel and present evidence and arguments on your own behalf.
 This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law ("Racing Law") §§ 301(1), 309(2), 310 and 321; 9 NYCRR §§ 4105.8(c), 4119.7(b), and/or 4119.9(a); and State Administrative Procedure Act § 401, upon a finding of the Commission that the public safety and welfare imperatively require this emergency action because your continued participation in racing is a potential cause of civil unrest and public harm and further could result in an impairment of the public's confidence in pari-mutuel racing in New York State and have an adverse effect upon substantial State and public revenues and revenues to the industry in general generated by pari-mutuel racing, in that, under the present circumstances you lack the general character and fitness for continued participation in pari-mutuel racing, and your continued participation in pari-mutuel racing is presently inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, based upon the circumstances and charges stated more particularly hereinafter. 
     The disposition of these matters may result in the revocation or suspension of your license, your exclusion from all racetracks in New York State and the imposition of fines. In particular, at the scheduled and any adjourned dates of your hearing you are notified that the Commission will take evidence to determine whether, pursuant to Racing Law § 321, Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR, the Commission should fine you in an amount not exceeding $25,000 per violation, suspend and/or revoke your licenses to participate in pari-mutuel racing, and exclude you from all New York State racetracks whether as a licensee, participant or patron, pursuant to Racing Law §§ 309 and 310 and the applicable Commission rules at 9 NYCRR, in that:
      1. On June 10, 2017, at Tioga Downs, New York, while training the horse Sharp as a Tack, you cruelly mistreated the horse by using brutal and excessive force, unjustifiably whipping the horse, overworking the horse in a difficult environment (heat and humidity), and knowingly and intentionally causing the horse to become physically injured, exhausted, overwrought and frightened, in violation of 9 NYCRR §§ 4105.8(c), 4119.7(b), and/or 4119.9(a);
     2. On June 10, 2017, at Tioga Downs, New York, you recklessly, knowingly and intentionally endangered the horse Sharp as a Tack and persons and property on the grounds of Tioga Downs by committing the foregoing acts when you knew that the horse was prone to becoming easily frightened and unmanageable; your behavior created an unreasonable and unnecessary risk the horse would panic and become uncontrollable; and you did cause this to occur, in that, upon returning from such training on the track the horse became violent and uncontrollable, sustained physical injuries, damaged the barn, endangered itself and persons in the vicinity and was humanely euthanized, in violation of 9 NYCRR §§ 4105.8(c), 4119.7(b), and/or 4119.9(a);
     3. Your character and general fitness are such, based on the foregoing,  your participation in pari-mutuel racing is inconsistent with the public interest, convenience and necessity and with the best interests of racing generally, contrary to Racing Law § 309(2); and
     4. You should be excluded from all New York race tracks whether as a licensee, participant or patron, based on the foregoing, because your conduct at a race track in New York and elsewhere has been detrimental to the best interests of racing, pursuant Racing Law § 309(2) and 9 NYCRR § 4119.8.
     PLEASE TAKE NOTICE that the hearing will be conducted pursuant to Section 321 of the Racing Law, Article 3 of the State Administrative Procedure Act, and Part 4550 of 9 NYCRR.
     PLEASE TAKE NOTICE that you may be represented by counsel, cross-examine witnesses and present evidence and arguments on your own behalf. Interpreter services will be made available to deaf persons and people who are not English language proficient at no charge, but such services should be requested in writing at least one week before the hearing date or as soon as reasonably possible. You are responsible to deliver this Notice of Hearing to your attorney, if you have or retain one.  This shall be a de novo hearing that may result in the imposition of any legally available penalty, including a license suspension or revocation and a fine not to exceed $25,000 per violation.
      PLEASE TAKE NOTICE TAKE that unless you object before the hearing date, the Commission may conduct your hearing using live videoconferencing that allows you and other parties and witnesses to participate and testify from another location that might be more convenient. To object to live videoconferencing, you must contact the hearing officer with concurrent notice to the assigned counsel. The hearing officer will determine, after an opportunity for the parties to be heard, whether or not to use live videoconferencing . If you choose to participate in your hearing through video-conferencing, then you are responsible to be sure that a copy of any physical evidence that you may want to use during testimony or introduce into evidence has been delivered to opposing counsel and the Hearing Officer before the hearing, and that the hearing officer and other party are afforded an opportunity to examine any original of such evidence that you may want to introduce into evidence.
     PLEASE TAKE NOTICE that the hearing may be adjourned at the discretion of the hearing officer for good cause shown upon the request of any party. Requests for adjournments must be submitted as soon as reasonably possible. Absent a serious emergency matter, no requests for adjournments, except for the initial hearing date of June 21, 2017, will be granted within two business days of the scheduled hearing date. To request an adjournment, you must contact the hearing officer at mhoblock@gmail.com, with concurrent notice to the Commission’s assigned counsel at Rick.Goodell@gaming.ny.gov, as soon as possible. Requests for adjournments must be in writing and, after the opposing party has an opportunity to be heard in regard to a request for adjournment, approved by the Hearing Officer. If you fail to appear at the hearing, then you will be in default and the Commission may proceed in your absence with the hearing. Adjournments on consent of all parties are subject to the approval of the Hearing Officer.
      PLEASE TAKE FURTHER NOTICE that, if you do not appear at the hearing and have not been granted an adjournment, then the hearing shall take place as scheduled and a decision, including by default, shall be made on the charges. The decision may result in fines, not to exceed $25,000 for each violation, imposed against you; the suspension or revocation of your occupational licenses; and the expulsion of you from all pari-mutuel race tracks in New York State.
 
 
Suspension Begins:
Note that the above data is current as of 6:17 AM EDT, Wednesday, June 21, 2017 and subject to change as more information becomes available.

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The New York State Gaming Commission takes reasonable me

[richesskid]

I know that was long but since it describes exactly what he did i thought it should be put out there

[Hambletonian46]

ok douchebag apologists, what do you have to say now? still a good guy and just an accident?

[Harnessfan902]

Should be barred for life.   No excuses.   People
Like this are the reason the business is in the state tbat its in.     Bury this animal abuser

[oh canada]

why would anyone make up a story like this? It just seems way too specific, and the manner of death just way too improbable, for it to be the product of the imagination of someone working on the backside of a small harness raceway.

Who would be stupid enough to stall train one in a stall that had a window??? That would not be wise....would it??

[SPERMIN HERMAN]

WHERE IS NANCE  WHEN ASS CANCER WISHES ARE DESERVED.

[openwindow]

WHERE IS NANCE  WHEN ASS CANCER WISHES ARE DESERVED.

he's at the Proctologist today Sperman.

[Fatboy]

Who would be stupid enough to stall train one in a stall that had a window??? That would not be wise....would it??

 

[richesskid]

I have never met this p.o.s., but I  want to add... PLEASE TAKE NOTICE : you are a piece of crap..and  I sincerely hope karma bites you in the ass

[shadylady]

Anyone know if he went for the hearing,yesterday.
 If so how did it go??

[Maxman]

Richesskid I applaud you for exposing the actual recorded record and demand for appearance of said defendant. Anyone, I don't care who you are, that abuses an animal, any animal in any way, much less than this horrific abuse that caused th death of a hirs,has to be banned from racing and ownership of any type of animal for life. Of course I do believe in our justice system so I must command evidence, however in this case there seems to be plenty of evidence both witnessed and visible on the horse in question. I'd take a whip to him myself and I know that you are all aware that I am a defender of horsemen but not under these circumstances!!

[TimTimTimbo]

This is sickening. Not only should he be banned, he should be charged and prosecuted to the full extent of the law and have the shit kicked out of him every day for the rest of his life.

[The Fat Vet]

has always been a POS 

[mass hole]

see what happens after hearing