ALBANY, N.Y. (AP) - New York's top court refused Tuesday to hear another appeal by a Kentucky Derby-winning trainer on his 10-year ban from the sport for drug violations.
The Court of Appeals, without comment, denied Rick Dutrow Jr.'s request that the judges consider another appeal of the state Racing and Wagering Board's 2011 decision to ban him.
Tuesday's decision appears to end the state appeals process for Dutrow. His ban from New York's thoroughbred tracks had been stayed pending appeals. Dutrow recently tied for the training title with 110 victories at Aqueduct, his fourth title at the track where his stable is based. It was the ninth time in the last 10 years he was the leading or second-leading trainer.
Board Chairman John Sabini said the penalties against Dutrow will take effect when the court order is served on him.
``The court's action confirms that cheaters who repeatedly violate the rules have no place in New York racing,'' he said.
Dutrow's attorney, Michael Koenig, told the magazine The Blood-Horse he was disheartened and they were considering options.
In October, the same court rejected his constitutional appeal claiming his rights to a fair proceeding were violated by the appearance of bias by Sabini. He is also an officer of the Association of Racing Commissioners International, which advocated revoking Dutrow's license.
Dutrow trained Big Brown to Derby and Preakness wins in 2008.
In October 2011, the three-member racing board cited infractions including syringes containing a painkiller and a sedative found in Dutrow's desk, and the painkiller butorphanol - an opioid analgesic - found in the urine of his horse Fastus Cactus in 2010 after it won at Aqueduct Racetrack. The board also fined him $50,000.
Dutrow had told a hearing officer that he didn't know how the syringes got into his desk. A blood test of Fastus Cactus didn't show any butorphanol, and Dutrow's expert witness theorized that the urine test might have been contaminated. He faced brief New York suspensions for drug violations in 2003, 2004 and 2008.
His 10-year ban is among the board's harshest penalties, second only to the lifetime ban in 2009 of breeder Ernie Paragallo after malnourished horses were found at his Hudson Valley farm.
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Mike DempseyMike covers the New York racing circuit (Aqueduct, Belmont Park, and Saratoga) year round as well as Keeneland, Churchill Downs, the Triple Crown, and the Breeders' Cup. The 2015 Triple Crown saw Mike correctly predict American Pharoah to win both the Preakness Stakes and Belmont Stakes. Mike nailed the Exacta and Trifecta in the Belmont Stakes. Mike had a solid 2014 Triple Crown race season, correctly picking the winning horse in 2 of 3 races. He selected I'll Have another to win The Preakness, and nailed Union Rags to win the Belmont Stakes as his top pick. Mike also had past succes in the Kentucky Derby, winning with Animal Kingdom in 2011 and rode his top picks, Super Saver and Street Sense, to the finish line in 2010 and 2007 respectively. No handicapper in the industry works harder to bring you analysis that produces profits at the track! Mike's Reports include his selections, detailed analysis, a fair odds line, and wagering recommendations for the entire card. Join Mike each day with daily picks from Belmont and Churchill Downs or capture the 2nd jewel in the Triple Crown with Mike's Preakness Stakes package. You can also get his Weekend Best Plays Report in his Multi-Track package or sit at the track with him for 30 Days with his Monthly Horse Package!
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