Updated on 01/10/2013 4:57PM

Stay on Dutrow's suspension unlikely to be lifted until next week


Richard Dutrow Jr., the trainer whose appeal of a 10-year suspension was thrown out of New York’s highest court Tuesday, will likely be able to continue to train throughout the weekend under a stay that cannot legally be lifted until early next week, according to state racing officials.

Dutrow has been allowed to continue to train horses under a stay issued shortly after the suspension was issued in October 2011.

However, that stay will be lifted five days after the state’s racing and wagering board receives confirmation from the state attorney general that the court’s order to deny the appeal has been delivered to Dutrow or his attorney, according to Lee Park, a spokesman for the board.

The board had said earlier this week that it would issue an immediate order to lift the stay upon confirmation of the delivery of the court order. On Thursday, the board said that it could not issue the order until five days after the delivery, citing state law.

Michael Koenig, Dutrow’s lead attorney in his appeals in the New York court system, did not immediately return phone calls Thursday.

Dutrow, 54, has 60 horses stabled at Aqueduct. As of Thursday morning, he had horses entered for the Thursday, Friday, and Saturday cards at Aqueduct, but none entered for the Sunday card. Entries for the Sunday card were drawn Thursday morning.

Dutrow indicated on Wednesday that he would file an injunction seeking a stay of the 10-year suspension in U.S. District Court in Brooklyn sometime in the next five days. Federal courts are not as likely to issue stays as state courts, especially when a plaintiff has exhausted all legal options in state court, according to officials.

Dutrow was issued the suspension after regulators said his conduct “has been improper, obnoxious, unbecoming, and detrimental to the best interests of racing.” The latest suspension was issued after one of Dutrow’s horses tested positive for the potent painkiller butorphanol and a subsequent search of his Aqueduct barn turned up hypodermic needles.