New York Horse Lawyer

posted by Todd Engel on Apr 30

For me, this weekend is the Superbowl, the Daytona 500 and the World Series all wrapped into one package. This weekend is the 135th Kentucky Derby. For as long as I can remember, my family gathered around and watched the Derby, we would analyze the race and determine which horse we liked. It is something we continued eve as we became more involved in the thoroughbred industry, sometimes foregoing our heads for our hearts given whether we knew anyone involved with one of the horses; trainer, owner, jockey or breeder. The Kentucky Derby has been and continues to be the pinnacle of horse racing. It is run early in the year, however which means that the horse who wins this one race may not be the best horse at the end of the year, but usually he has a pretty good shot. The road to the Derby is paved with many pretenders, but at the end of the day Saturday, we will know the champion.
I usually spend a lot of time watching the prep races to get a good handle on the different horses and where they are coming up to the Derby. I watch the trainers and the jockeys. I am a believer that Churchill Downs and the Derby in particular is a race for the closer. I therefore come into handicapping the Derby with an inherent bias towards a horse who can come from behind. I remained consistent this year with that theory. That does not mean that there hasn’t been winners on the lead, I just believe that the track favors a closer. In 1994, Go for Gin, a Nick Zito trained colt was 12 lengths off the lead at the top of the stretch and managed to win going away, and he was not the only closer.
My horse to beat, Quality Road, scratched last week due to the fact that a second crack was found in his hoof. Hopefully it will be patched and he will be around for the Preakness and or the Belmont. He looks to be an exciting horse and I look forward to watching him later in the year.
This year, I think that Friesan Fire, a horse trained by Larry Jones will be at or near the front of the pack. He will be the strongest contender of the front running style horse. If West Side Bernie is going to pull an upset of significant magnitude, he will have to do it on the lead; however I do not expect him to make the distance with this group. I also suspect Regal Ransom, the Godolphin representative to be near the front.
Those running at the middle of the pack will be led in stature by Pioneer of the Nile. I suspect Bob Baffert, who has won the Kentucky Derby three times will hold him a little off the pace meaning third through sixth for the first quarter mile to half mile when he will make his move. Many feel that this horse, who is the only one in the Derby from last year’s two year old campaign, is the one to beat. I think he will be live for exactas and trifectas but don’t think that he will give Baffert his fourth Derby trophy. Expect General Quarters to try to make a move from this group; however I think that the field outclasses this horse and he will find a place in different stakes company throughout the year.
Starting the Derby at the back of the thundering pack will be the morning line favorite, I Want Revenge. This horse, who exhibited a tremendous move in the Gotham, will come off the pace and close to be at or near the front at the wire. I think that this campaign may have taken a little out of him, crossing the country twice to run in New York from his California base. The positive is his move from Polytrack showed an affinity for the natural dirt surface which is similar to that found at Churchill Downs.
Bill Mott will have his Polytrack specialist Hold Me Back will be coming from off the pace as well. My concern about this colt centers around his success on Polytrack. I am not a believer that a horse who is successful on Polytrack automatically translates into a win on dirt. Clearly horses who do well on dirt do not automatically translate to wins on Polytrack. Should Hold Me Back handle the dirt, he might be in the mix for the trifecta.
Another vying for the lead from behind should be Dunkirk. Dunkirk is an interesting horse in that he has only had three starts before the Derby. Dunkirk is a fresh horse, not having a start since the Florida Derby, the same technique used by Big Brown’s trainer Rick Dutrow, last year. He does have three bullet workouts. Interestingly, he was a 3.7 million dollar purchase as a yearling. Now, I am one who believes that a horse does not know what he was sold for, so the purchase price of a yearling is of little value, except in certain circumstances. The Derby is one of those circumstances because breeding has so much to do with the stamina needed to win the Derby. I think Dunkirk, a horse by Unbridled Song, (a derby winner) out of a mare sired by AP Indy (a derby winner) has the breeding to handle this race.
My picks, for entertainment purposes only are:
1st: Dunkirk
2nd Friesan Fire
3rd Hold Me Back
4th Pioneer of the Nile

Sing My Old Kentucky Home, have a mint julep and enjoy the race, it should be a good one.

Todd Engel

tengel@engelatty.com
www.engelatty.com

posted by Todd Engel on Apr 10

Ernie Paragallo is accused of neglecting over 170 horses on a Greene County, NY farm. The ASPCA reported that one young stallion died as a result of the malnutrition and treatment (actually, lack of treatment) received by these horses while under Paragallo’s care. According to The New York Times, who broke the story on Saturday, Paragallo failed to treat the horses and left them malnourished and without hay for bedding, or feed. Horses were hundreds of pounds underweight and in deplorable condition.

The Albany Times Union reported today that the New York Racing Association revoked Paragallo’s privileges to run his family’s stable (Paraneck Stables), and scratched the horses entered through next Wednesday as a result. Good for NYRA. Good for the state for investigating Paragallo and doing what they can — to not only save the horses, but to get him out the sport of horse racing.

Owners of thoroughbred horses have an absolute obligation to care for our horses. We have taken on the responsibility of caring for these animals and should recognize that even off the track we need to care for our animals.

What Paragallo did is unconscionable, and shows that he is not involved in horse racing for the love of the sport. Rather, he is in it for simply for the glory. Clearly, it is not just his responsibility, because both of his daughters (aged 21 and 26) are listed as the owners of Paraneck Stables, while he is allegedly the agent. All responsible parties should not only be prosecuted for neglecting and mistreating these animals, but the State Racing and Wagering Board should pull Paragallo’s license for good.

Horse racing can be a beautiful sport. It can be exciting and exhilarating to watch your horse come down the lane and strive for victory. Trainers work hard to make sure the horses are ready to run. Vets work hard to make sure that the horses maintain soundness. Good owners work hard to allow these people to do their jobs.

What Paragallo did by turning his back on the horses that he and his family own is not only a crime, but something that will give creed to those people who say there is cruelty to animals involved in racing. Paragallo makes it hard to say there are good people in racing, but guess what? There most certainly are good people in racing.

While what he did puts a blight on our sport, we as owners and fans of horse racing need to fight back. We need to let people know of the beauty of the game. We need to make sure that Paragallo is used to show the good we can do in racing rather than the bad as he has shown all too well.

Todd Engel
tengel@engelatty.com
www.engelatty.com

posted by Todd Engel on Apr 2

This afternoon, I went to the Syracuse Chamber of Commerce annual business networking show. Some people have said why go to these shows? I am of the mind that it is very important for a solo or small firm lawyer or business owner to attend the show, especially if you can’t or won’t pay the price of an exhibitor’s booth.

I met dozens of people who could potentially be sources of developing my practice. I met with loan officers to expand my real estate closings. I met small business owners who need help with determining the smartest business entity to use for them. I met people who either need estate planning because of their family situation or are considering estate planning.

Do I get a booth myself? No, I find much more use of visiting the exhibitors and learning about their businesses. I met one person when we were talking at another person’s booth.

Whether I gain revenue from the show is yet to be determined. Whether I get value from going is an absolute, I do and will continue to do so. Oh yeah, and going cuts way down on my office supply budget with the swag I pick up, which is also a good thing!

Todd Engel
tengel@engelatty.com
www.engelatty.com