12/13/2010 7:02PM

Castellano drops appeal of ban for BC ride that prompted fight

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Jeannie Jeffery
Calvin Borel (left) confronts Javier Castellano after the Breeders' Cup Marathon.

Jockey Javier Castellano has dropped his appeal of a six-day suspension for careless riding in the Breeders' Cup Marathon, an incident that led to a winner's circle altercation with rival jockey Calvin Borel.

Castellano had filed the appeal just before traveling to Japan for a mount in the Grade 1 Queen Elizabeth Commemorative Cup on Nov. 14. The commission's executive director, Lisa Underwood, had initially denied the appeal, but Castellano won a stay in Kentucky circuit court. Although the commission argued against the stay, it was granted.

Kentucky's racing commission has been attempting to prevent riders and trainers from filing what it has called "frivolous appeals" that are lodged in an attempt to protect the rider's opportunities in upcoming races. Underwood reiterated at the meeting that the commission had denied the appeal and objected to the stay under those efforts, but she said that the judge had cited concerns about the language in its rule on frivolous appeals in granting Castellano a temporary restraining order.

As a result, Underwood said, the rules committee will consider language to tweak the rules so that its denials of appeals have more force.