Updated on 02/02/2012 6:07PM

Aqueduct: Apprentice appealing allowance ruling

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Barbara D. Livingston
Ryan Curatolo was aboard Street Game for his Hill Prince victory.

OZONE PARK, N.Y. – Jockey Ryan Curatolo is appealing a decision by the New York State Racing and Wagering Board that denies him the ability to ride with a three-pound weight allowance for his contract-holder, Flying Zee Stable.

In Feb. 2011, when he was an apprentice, Curatolo signed a contract with Flying Zee to be the stable’s first-call rider. Historically, such contracts allow an apprentice to ride with a three-pound weight allowance for only his contract-holder during their first year as a journeyman. Curatolo’s apprenticeship ended last Saturday and he began his journeyman career Sunday.

The board, however, doesn’t believe that the contract between Flying Zee and Curatolo satisfies all the requirements that it should to be valid.

Under the rule, Flying Zee must provide for fair remuneration, adequate medical attention, and suitable board and lodging. Further, an added provision must be made for savings out of his earnings.

It is unclear with which part of the contract the board finds fault.

Drew Mollica, the attorney representing Curatolo, said the board attorney told him that the contract “does not specifically meet all the requirements.”

“They’re saying all the elements of a contract were not there,” Mollica said. “We’re saying sure they were. And we intend to prove it.”

Mollica said he has requested an expedited hearing for the board to hear his appeal. In the meantime, Curatolo is not permitted to ride with the three-pound allowance. Though Flying Zee is down to about 15 horses, one of them is the graded stakes winner Street Game, whom Curatolo is scheduled to ride in an allowance race Sunday at Gulfstream Park.