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MATTER OF BLAIKIE

11 A.D.2d 196 (1960)

In the Matter of Robert B. Blaikie, Petitioner. State Harness Racing Commission, Respondent; Roosevelt Raceway, Inc., et al., Intervenors-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

July 5, 1960.

Attorney(s) appearing for the Case

Charles B. McGroddy, Jr., for petitioner.

Samuel I. Rosenman of counsel (George Morton Levy, Max Freund, Robert A. Kirtland and Ernest A. Gleit with him on the brief; Rosenman Goldmark Colin & Kaye, and George Morton Levy, attorneys), for Roosevelt Raceway, Inc., intervenor-respondent.

Louis J. Lefkowitz, Attorney-General, for respondent.

Frank A. Fritz of counsel (Arthur P. West and John F. Minicus with him on the brief; Bleakley, Platt, Walker, Hart & Fritz, attorneys), for Yonkers Raceway, Inc.

BOTEIN, P. J., RABIN, VALENTE, McNALLY and STEVENS, JJ., concur in denial of application; RABIN, J., concurs in opinion by BOTEIN, P. J.; VALENTE and STEVENS, JJ., concur in result in opinion by STEVENS, J.; McNALLY, J., concurs in result only.

BOTEIN, P. J.

Section 9 of article I of the State Constitution, which prohibited gambling within the State, was amended in 1939 so as to provide for such "pari-mutuel betting on horse races as may be prescribed by the legislature and from which the state shall derive a reasonable revenue". In 1940 the Legislature implemented the 1939 amendment by adopting the Pari-Mutuel Revenue Law (L. 1940, ch. 254), which...

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