The New York Court of Appeals has ruled for the second time in three
months that it will not hear an appeal by trainer Richard Dutrow Jr. of a
10-year suspension handed down by New York regulators in late 2011,
dealing what could be a fatal blow to Dutrow’s career.
With the decision, a stay that has allowed Dutrow to continue to
train while he appeals the suspension is likely to be lifted in the next
several days, once Dutrow is served with the court’s opinion. That will
send Dutrow, 54, to the sidelines for the first time since the
suspension was issued, in October 2011, nearly 14 months ago.
With the Tuesday decision, the Court of Appeals, the highest court in
New York, has now declined twice to hear Dutrow’s appeal, first on the
grounds that the suspension did not raise any constitutional questions
and now on the basis that the court had no reason to question
lower-court rulings upholding the state racing commission’s penalties.