NY Court Reaffirms Pena Decision

Published: November 25, 2013 11:45 am EST

On Thursday, November 21, the Honorable Vincent J. Reilly, Jr. of the New York State Supreme Court, Schenectady County, reaffirmed his dismissal of the license revocation proceeding brought against harness trainer Lou Pena by the New York Gaming Commission.

The court confirmed that the gaming commission is not entitled to an automatic stay of the court's October 1, 2013 order. That order dismissed the gaming commission proceeding against Pena on constitutional grounds. In confirming the previous decision, the court granted Pena's application and directed the issuance of a Writ of Prohibition. This writ (order) prohibits the gaming commission from taking any further action in the underlying administrative proceeding against Pena.

During the November 21 proceeding, the court rejected the gaming commission's various arguments, and referred to its October 1, 2013 decision that concluded the commission had violated the due process right of Pena that guarantees to all a prompt determination.

The gaming commission previously filed a notice of appeal of Justice Reilly's October 1, 2013 decision. The prohibition applies during the appeal period and beyond unless an appellate court modifies Justice Reilly’s decision.

A transcript of Justice Reilly's November 21 oral decision is available by clicking here.

(Chris Wittstruck, Esq)

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