01/11/2013 4:45PM

Dutrow served with rejection of appeal notice


Richard Dutrow was served on Friday with a notice that an appeal of his 10-year suspension has been rejected by the state’s highest court, starting a five-day countdown to the likely revocation of Dutrow’s racing license, according to officials with the New York State Racing and Wagering Board.

Although officials could not say with certainty on Friday whether the state would revoke the license as of Wednesday or Thursday, the officials said they have received confirmation that the court notice had been delivered to Dutrow or his lawyers on Friday morning. With the delivery, the board anticipates revoking Dutrow’s license effective either Wednesday or Thursday, with the lifting of a stay that has allowed him to continue to train while he pursued an appeal of the suspension.

On Friday, Dutrow entered horses on the Wednesday card at Aqueduct. If the board issues the revocation on Wednesday morning, those horses will have to be scratched under a rule requiring a horse to have the same trainer at entry time and post time.

Dutrow’s attorney, Michael Koenig, did not return a phone call on Friday. Dutrow had earlier said that he would seek a federal injunction staying the 10-year suspension, a maneuver that could result in an additional stay of the penalty. However, federal courts do not issue injunctions as readily as state courts, officials have said.

Dutrow, 53, has 60 horses at Aqueduct. If his request for an injunction is denied, those horses will need to be transferred to other trainers.