Rice seeks stay of license revocation

Linda Rice, the New York-based trainer whose license was officially revoked by state regulators on Monday, filed a request for a stay of the penalty in Schenectady Supreme Court on Monday night, according to her attorney.

Andrew Turro, the attorney, said on Tuesday morning that he hopes to have a hearing on the request for an emergency stay and preliminary injunction on Wednesday. Under the order of the license revocation, Rice is barred from participating “directly or indirectly” in any racing-related activity, and she is not allowed on the grounds of any New York racetracks.

Turro said that the request took the form of a “hybrid article 78 proceeding,” which asks the court to review a decision made by a state agency. The Supreme Court can review the decision itself or redirect the case to an appellate court.

Rice’s license was revoked following a hearing officer’s report that concluded she had engaged in “conduct detrimental to racing” by receiving “regular, continual, and improper access” to the names of horses that the were expected to be entered in races at tracks operated by the New York Racing Association during a time period running from late 2011 to early 2014.

The hearing officer recommended that Rice’s license be revoked and that she be prohibited from applying to be re-licensed for three years. The New York Gaming Commission accepted that conclusion of the report and also approved a fine of $50,000.

If the court issues a stay, Rice could return to training while her appeals wind their way through the court system. Trainer Richard Dutrow, who was banned by the state racing commission for 10 years in 2011, used the same tactic and received a stay that allowed him to continue to train for two years until he had exhausted all of his appeals.

Rice has a handful of horses entered on the Thursday and Friday cards at Belmont Park. If the stay is not granted, the horses will be scratched.