N.Y. Gaming Commission upholds Forte DQ, Pletcher suspension

The New York State Gaming Commission on Monday upheld the disqualification of Forte from the Grade 1 Hopeful at Saratoga in 2022 and the 10-day suspension and $1,000 fine issued to trainer Todd Pletcher for the horse testing positive for a prohibited non-steroidal anti-inflammatory after the race.

Forte, owned by Mike Repole, tested positive for meloxicam, a regulated anti-inflammatory drug, in the post-race sample following his victory in the Hopeful on Sept. 5, 2022. Forte came out of that race to win the Grade 1 Breeders’ Futurity and then the Breeders’ Cup Juvenile and was crowned 2-year-old champion of 2022.

The positive test, first reported by the New York Times on May 9, wasn’t announced by the commission until May 11, less than one week after Forte was scratched from the Kentucky Derby due to a bruised foot. He was the morning-line favorite for that race.

Repole and Pletcher, in a conference call with reporters last May, indicated the horse was never prescribed nor knowingly administered meloxicam, a common pain reliever for human use and one that was prescribed to Vinnie Viola, Forte’s co-owner.

Repole and Pletcher appealed the disqualification of Forte and the accompanying penalties. A hearing on the matter was held July 20 in Schenectady, and the hearing officer issued his report to uphold the disqualification and the associated penalties to the Gaming Commission on Sept. 30.

At Monday’s meeting, commission chairman Brian O’Dwyer said the commission voted unanimously (6-0) to sustain the hearing officer’s report.

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O’Dwyer said the timing of when Pletcher would have to serve the suspension would be left up to the track stewards, led by commission steward Braulio Baeza Jr.

“It has been the practice and continues to be the practice of the stewards to determine the time and place of the suspension,” O’Dwyer said during Monday’s publicly broadcasted portion of the meeting. “We leave that to the discretion of the stewards as we’ve done in the past asking to take into consideration all relevant matters in this regard.”

Though not addressed at Monday’s meeting, Pletcher also is facing a 14-day suspension and a $2,000 fine from the commission for the finding of phenylbutazone (Bute) in the post-race sample of Capensis, who finished sixth in the 10th race at Saratoga on July 30, 2022.

It was not immediately known if Pletcher would seek an Article 78 preceding in the Forte matter, which would enable him to fight the penalties in a non-racing court.

Though Repole has said previously he intends to fight the disqualification of Forte from the Hopeful as far as he can, it was not immediately known if he will in fact do so.

The disqualification of Forte would elevate Gulfport to first in the Hopeful. He would be awarded the $165,000 first-place purse money as Forte is disqualified from any part of the purse.

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