Gaming commission fines NYRA official for claiming protocol violation

ELMONT, N.Y. - The New York State Gaming Commission fined Frank Gabriel, the New York Racing Association senior vice president of racing operations, $4,000 for “failing to follow proper claiming protocol” resulting in the track stewards voiding the claim of the horse Battalion on May 28 at Belmont Park, according to a commission ruling posted Sunday on its website.

Battalion, who finished last of seven in the fourth race on May 28, was claimed for $25,000 by Rob Atras, who won a two-way shake to get him. However, the claim was not relayed at the proper time from NYRA’s clerk of scales, Jack Welsh, to a state employee whose job it is to identify claimed horses following the race. Those claimed horses are required to be brought to the test barn immediately after the race for a post-race soundness exam. If the horse is deemed to be unsound by the examining veterinarian, a claim could be voided.

Bob Klesaris, Battalion's trainer, said when he received a call from someone at the test barn asking why his horse was not there, Klesaris said nobody told him the horse had been claimed. Klesaris said he immediately called his assistant to have him bring the horse to the test barn. By the time the groom got the horse there, the claim had been voided by the stewards because he was considered late to the test barn. The horse was then brought back to Klesaris’s barn.

Braulio Baeza Jr., the state steward, said Gabriel was fined because he’s the head of the racing department. Baeza would not comment on why the fine was $4,000.

Gabriel is the third NYRA official or employee to be fined and/or suspended by the Gaming Commission this year. Keith Doleshel, the racing secretary, was fined $2,000 for allowing a horse that was not fully registered as a New York-bred to run in two New York-bred races. Richie Gazer, NYRA’s head clocker, was fined $2,500 and suspended 30 days for allegedly changing the distance of a work for a horse attempting to get off the poor performance list. Gazer is appealing his penalty.

“NYRA acknowledges that an administrative error resulted in a voided claim, and we will of course review the relevant protocols and update where necessary,” NYRA spokesman Pat McKenna said. “However, we will also seek additional information from the New York State Gaming Commission on the rationale for issuing substantial financial penalties to individual NYRA employees for inadvertent administrative or clerical errors.”

Meanwhile, Klesaris and his owner Michael De Bella, are appealing the void of the claim to the Commission.

“The claim should not be voided, there is no reason for it to be voided, there’s no rule that says it should be voided,” Drew Mollica, the attorney representing De Bella and Klesaris, said. “You can’t be late until you know you have to go there. The horse was duly claimed and Bob followed every instruction given to him.”