A New York State appeals court has ruled for the New York State Gaming Commission and reversed a lower court ruling which tossed out the charges levied against Lou Pena, claiming the board didn't issue an opinion in the 'mandated' 30 day response period as dictated by New York State Law.
The appeals court, has decided even though the legislation authorizing the NYSGC specifies hearing decisions are to be made within 30 days, they are not mandated even though it is specified in the law; apparently just a guideline. Hence the court ruled without evidence of prejudicial behavior by the NYSGC the charges could be restored. With the court not finding prejudicial actions by the NYSGC, the court ordered the prior court's ruling overturned and the charges restored.
If there is one bright spot for Pena, the NYSGC has decided not to revoke Pena's license until final adjudication by the board has been completed. No doubt Pena will appeal the hearing officer's decision. Unless Pena is successful in his appeal(s) remaining both in the NYSGC and likely the court system, he faces license revocation and massive fines. In addition to losing his NY State license, most states he is currently licensed in will honor the New York action, in effect ending his racing career.