The three-person board decided to suspend five days of the penalty if Zito does not have another positive in the next 12 months. The board imposed the penalty at its regular monthly meeting in Albany.According to board records, it was the first time the two-time Kentucky Derby-winning trainer had been cited for a drug positive. The dates for the suspension have not been determined. Mark's Miner tested positive for the substance after the second race at Saratoga on Aug. 2. The three stewards that work at New York Racing Association tracks orginally suspended Zito for 15 days and imposed a $1,000 fine. Zito appealed, and the board's hearing officer, George Dranichak, recommended a fine but no suspension.
The board then decided to impose a combination of a fine and suspension it said was consistent with 12 to 15 similar cases since 1995.