Toney claimed a one-sided, 12-round points victory over title holder Ruiz in their April 30 bout in Madison Square Garden, but New York's governing body for boxing is changing the official outcome to a 'No Decision' because of the failed drug test, commission chairman Ron Scott Stevens told Reuters.

"The New York State Athletic Commission requests that Fight Fax (the official results agency) adjust the verdict of the James Toney 12-round decision victory on April 30, 2005, versus John Ruiz to a No Decision due to a violation of our illegal substance policy," Stevens said in a telephone interview.

"In addition, Mr Toney has been suspended for 90 days effective April 30, 2005 and he has been ordered to pay a $10,000 fine. Once the 90 days expires, in order to be reinstated he would have to submit himself for drug testing."

Stevens would not say what Toney tested positive for.

"This is a medical issue and it would be a breach of his confidentiality and the privacy that we owe him. I can only say it was a violation of our illegal substance policy," he said.

WBA DECISION

A decision about the status of the heavyweight title would have to come from the WBA. Under their rules, Toney could be disqualified with the title reverting back to Ruiz.

After losing the bout, Ruiz said he was retiring. Since then he has reconsidered and said he would continue boxing.

External links Toney denies taking performance enhancers James Toney Speaks out about Performance Enhancment Allegations

Earlier on Wednesday, Toney's promoter, Dan Goossen, issued a statement on behalf of the boxer denying he had consciously taken any performance enhancers.

"Toney received medical treatment for recovery from his biceps and triceps surgery last year," the statement said.

"His doctor has stated that the combination of medications used to control the inflammation and tissue growth caused the positive test result."

Stevens said he believed it was the first time New York had ever changed a title fight result because of a drug violation.

He said the decision could be appealed within 30 days, which would set up an open hearing.

Toney's camp insisted they had been wronged.

"James Toney has fought many fights in his career, but the one apparently facing him now is one that disturbs and revolts him like no other opponent could ever do," the statement said.

It quoted Toney as saying: "Being accused of taking performance-enhancing substances is an insult to me. I don't do drugs period."