Connections of Forte granted restraining order against Gaming Commission

A New York State Supreme Court Judge granted the connections of Forte a temporary restraining order against the New York State Gaming Commission from enforcing penalties associated with the positive test for a banned substance in the horse’s post-race sample following his victory in the 2022 Hopeful Stakes at Saratoga, attorney Drew Mollica said Thursday.

Mollica was in a Schenectady court on Thursday where he sought and was granted an article 78 proceeding which asks a state court to review a decision or action of a New York state official or agency, such as the Gaming Commission.

The Gaming Commission disqualified Forte from first in the Grade 1 Hopeful and issued a 10-day suspension and $1,000 fine against Forte’s trainer, Todd Pletcher, after the horse tested positive for Meloxicam, a non-steroidal anti-inflammatory drug (NSAID) typically prescribed for humans dealing with pain or inflammation associated with arthritis.

Though Forte won the Hopeful on Sept. 5, 2022, the positive test was not revealed until May 9 – four days after Forte was scratched from the Kentucky Derby due to a bruised foot – when the New York Times, quoting anonymous sources, first reported it. The Gaming Commission announced the positive and disqualification of Forte from first place on May 11.

Forte, owned by Mike Repole and Vinnie and Teresa Viola, appealed the disqualification, and Pletcher appealed his penalties as well. A hearing was held in July before a hearing officer. On Sept. 30, the hearing officer submitted a report to the Gaming Commission to uphold the disqualification and penalties.

The Commission adopted the hearing officer’s report at its Dec. 4 meeting. Before the temporary restraining order was put in place, Pletcher was scheduled to begin his 10-day suspension on Dec. 28.

On May 11, in a conference call with reporters, Pletcher said that Forte was never prescribed nor administered Meloxicam. It later came to light that Vinnie Viola, had been prescribed Meloxicam during the summer of 2022 for back pain. Viola was a frequent morning visitor to Pletcher’s barn that summer.

Further, Mollica maintains that Meloxicam is not a banned substance and falls under a list of medications the Gaming Commission said cannot be given to a horse within seven days of a race.

Mollica added that at the July 30 hearing George Maylin, the director of New York’s Equine Drug Testing Program testifying for the defense and not the Gaming Commission, said he could not ascertain when the Meloxicam was given.

“His position is it’s not a positive,” Mollica said.

Mollica said the next court appearance in the case is Jan. 9.

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