The New York-based trainer Orlando Noda will begin serving a 90-day suspension this week after an appellate court judge denied Noda’s appeal of penalties handed him by the New York State Gaming Commission for alleged mistreatment of a horse during summer 2021. In addition to the suspension, officially listed for action detrimental to the best interest of racing, Noda will have to pay a $5,000 fine and take part in an anger management program. Noda, in an attempt to address backstretch rumors, announced his suspension on the social media platform X late Saturday night. “To clear up all the gossip I’m taking a 90-day suspension - not for any wrongdoing, but because I’m tired of fighting a broken system,” Noda wrote.” Being a trainer is one of the most stressful jobs, balancing the demands of performance, the well-being of the horses, and constant scrutiny. :: Bet with the Best! Get FREE All-Access PPs and Weekly Cashback when you wager on DRF Bets. “Despite proving my innocence and winning appeals, I’m still being penalized. The system is designed to make you guilty until proven innocent, and even then, you have to pay to clear your name.” In a phone interview with Daily Racing Form on Sunday, Noda said he would have liked to have further appealed the decision to the state Supreme Court, “but financially I couldn’t afford it anymore,” he said. During training hours on Aug. 5, 2021 at Saratoga, Noda, who, at least back then got on some of his horses in the morning, was alleged to have struck the horse Win With Pride with his whip seven times in a five-minute period “with pretty good force in a very aggressive manner and in anger cursing at the horse by calling the horse a piece of s... while striking it,” because the horse was refusing to train, according to a ruling on the New York Gaming Commission’s website. A hearing was held over multiple dates in 2022 and the hearing officer, David Devaprasad, hired by the Gaming Commission, recommended the charges and penalties be dismissed because the commission did not do a thorough-enough investigation into the incident nor did any actions committed by Noda demonstrate a violation because there are no specific rules to “indicate how a crop may or may not be used while training a horse or that specify what type of actions qualify as mistreatment of a horse,” Davaprasad wrote. “In the absence of a more thorough investigation and additional evidence and witness testimony, the record is simply insufficient to sustain a finding that there is substantial evidence to support the commission’s charges and penalties,” Devaprasad concluded. On Dec. 12, 2022, during one of its semi-regular meetings, the commission, as is its prerogative, rejected the hearing officer’s recommendation and reinstated the penalties. Shortly thereafter, Noda, through his attorney Drew Mollica, obtained a restraining order against the commission, known as an Article 78, until the case was heard in court. The decision from the appellate court, third department, was issued Thursday, Mollica said. On Sunday, Noda denied that he hit the horse multiple times over a five-minute period. “Of course not, I corrected the horse with the crop,” Noda said. “Did the horse buck? Yes. Did the horse kick? Yes. Did I turn the horse around and jog him the wrong way? Yes.” Noda pointed out that Win With Pride won a $16,000 claiming race on Aug. 16, 2021 at Saratoga. A claim put in for the horse in that race was voided by the stewards. It was unclear exactly when Noda’s suspension begins. Entries for Thursday’s card were taken on Friday and two horses previously trained by Noda were entered with Jose Fernandez Noda - Orlando’s father - listed as the trainer. State steward Braulio Baeza Jr. said that since the commission has not been officially notified by Noda or his representative about any future plans to appeal, the commission has not filed an official ruling. On Saturday, at Aqueduct, Noda started Jackson Heights, who finished eighth in an allowance race at Aqueduct. Jackson Heights gave Noda one of his three career stakes wins when he upset the Bertram Bongard for New York-bred 2-year-olds at 24-1 on Sept. 29, 2022. Since he began training in 2019, Noda has won 141 races from 1,062 starters. His best year was in 2021, when he won 37 races from 254 starters. This year, he is 16 for 160. :: Want to learn more about handicapping and wagering? Check out DRF's Handicapping 101 and Wagering 101 pages.