Forte case to continue as Pletcher will pursue another appeal
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A New York court has ruled that it will not hear an appeal of a nearly four-year-old case involving trainer Todd Pletcher and the 2022 champion 2-year-old Forte, but Pletcher’s attorney said on Friday he will pursue another appeal to the state’s highest court.
The decision by the Third Department of the New York Appellate Court will mean that Pletcher will definitely serve out a 10-day suspension he started last week based on a ruling from state regulators regarding a positive for a regulated medication after Forte won the Hopeful Stakes in September of 2022.
But Drew Mollica, Pletcher’s attorney, said on Friday that he believed the case still had “serious evidentiary concerns that are important state-wide” and that he is weighing whether to file an appeal to the New York Court of Appeals, the highest court in the state.
Pletcher’s case is intertwined with a separate action by the owner of Forte, Michael Repole, who has filed an appeal over the disqualification of Forte from the Hopeful because of the positive. A decision by Pletcher to drop his case could mean weakening Repole’s case.
Mollica represents both Pletcher and Repole in the case.
“This does not end the case, and we are weighing [in the Pletcher case] of filing a leave for appeal so that we can argue what we believe are very solid legal issues,” Mollica said.
In the Repole case, Mollica said that they are still awaiting a hearing on a motion before the Third Department to hear arguments.
“We have the same legal issues,” Mollica said.
In May, the Third Division upheld the 10-day suspension for Pletcher, which was first issued in 2023 after split samples confirmed the positive for meloxicam. Pletcher began serving the suspension on June 18 after the court denied a stay.
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