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MATTER OF FINK v. COLE

302 N.Y. 216 (1951)

In the Matter of Jule Fink, Appellant, v. Ashley T. Cole et al., Constituting The Racing Commission of the State of New York, et al., Respondents. In the Matter of Jule Fink, Appellant, v. The Jockey Club, Respondent. Ashley T. Cole et al., Constituting The Racing Commission of the State of New York, Interveners, Respondents.

Court of Appeals of the State of New York.

Decided March 8, 1951

Attorney(s) appearing for the Case

Charles H. Tuttle and Bernard Segal for appellant.

Martin A. Schenck, Harold C. McCollom, John W. Burke, Jr., and John H. Barber for The Jockey Club, respondent in both proceedings.

Nathaniel L. Goldstein, Attorney-General (John P. Powers and Wendell P. Brown of counsel), for Joint Board and another, respondents.

LOUGHRAN, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LEWIS, J.

An appeal in each of the two proceedings captioned above1 presents for our decision a challenge to the constitutionality of section 7512 of McKinney's Unconsolidated Laws (L. 1926, ch. 440, § 9-b, added by L. 1934, ch. 310, § 5, as amd.) which purports to delegate to The Jockey Club, a private corporation, certain powers which the appellant asserts the Legislature...

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