Pletcher gets favorable ruling in Forte’s Hopeful DQ case

Hall of Fame trainer Todd Pletcher received a preliminary injunction from the New York Supreme Court for the County of Schenectady on Friday, precluding the New York State Gaming Commission from enforcing penalties related to the disqualification of Forte from his 2022 win in the Grade 1 Hopeful Stakes at Saratoga.

As first reported by Thoroughbred Daily News, this means that sanctions against Pletcher have been halted until the court makes a ruling in the case based on the questions of due process and rules interpretation.

The court also denied a motion from the NYSGC seeking to have an appeal made by Pletcher moved to appellate court. Judge Michael Cuevas said Pletcher’s attorneys had raised several legal issues that he wanted to examine.

The NYSGC had suspended Pletcher for 10 days and fined him $1,000 after Forte tested positive for the drug meloxicam after the Hopeful. Forte also was disqualified from the race and all purse earnings. Pletcher and Forte’s owner Mike Repole both appealed the ruling.

“We are very pleased that the Supreme Court has decided to review what we believe are serious due process issues in this case,” Pletcher's attorney Drew Mollica told TDN. “We are also elated that the Supreme Court has taken the position that they will review the standard by which the Gaming Commission saw fit to disqualify Forte and sanction Mr. Pletcher.”

According to the TDN article, the NYSGC has 20 days from the Friday ruling to answer or otherwise move with respect to the petition. Then Pletcher may reply to any counterclaim or new matter asserted in NYSGC's answer by May 10, when a status conference has been scheduled.