McPeek requests hearing on entry ruling

An attorney for the trainer Ken McPeek has filed a formal request for a hearing in front of the New York Gaming Commission to address why McPeek was unable to enter horses in any races from Thursday through Saturday at Saratoga Racecourse.

The attorney, Andrew Mollica filed the request on Sunday, after the New York Gaming Commission prohibited the entry of McPeek’s horses for races occurring later this week due to quarantine restrictions on McPeek’s barn because of an equine herpesvirus case in the barn where McPeek is stabled. The quarantine was lifted on Aug. 1.

Mollica said that he notified the gaming commission by email and voice mail about the restrictions on entry on Friday, before entries were taken that day, but he did not receive a response. He called the denial of the entries “illogical” considering the horses were being entered for races that would not take place until the quarantine was lifted.

Gaming commission steward Braulio Baeza Jr. told Daily Racing Form on Friday that horses are not allowed to be entered in a race if they are not eligible to race on the day entries are taken. Daily Racing Form also reported that day that NYRA racing officials supported McPeek’s position that he should be allowed to enter the horses.

Mollica said he is unaware of any formal rule stating that ineligible horses are not allowed to be entered, and he contended that horses that are currently on the vet’s list or do not have their gate cards are routinely allowed to enter races.

“The sanctimony of this [interpretation] is nothing more than a smoke screen, a mirage,” Mollica said. “It doesn’t exist.”

Mollica said that the hearing is seeking nothing more than a proper explanation of the rule, as a way to provide clarity to other horsemen should a similar situation arise in the future.

“Ken doesn’t want to see this happen to anyone else,” Mollica said. “We would like a fair hearing and an understanding of what happened in this case.”