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MTR. ROOSEVELT RACEWAY v. MONAGHAN

22 Misc.2d 776 (1960)

In the Matter of Roosevelt Raceway, Inc., Petitioner, v. George P. Monaghan, as Commissioner of Harness Racing, and Constituting the State Harness Racing Commission, Respondent.

Supreme Court, Special Term, New York County.

February 15, 1960.

Attorney(s) appearing for the Case

Rosenman Goldmark Colin & Kaye (Samuel I. Rosenman, George Morton Levy, Max Freund and Robert Kirtland of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Edward Siegfried of counsel), for respondent.

ARTHUR MARKEWICH, J.

Petitioner Roosevelt Raceway, Inc., proceeds under article 78 of the Civil Practice Act to compel respondent State Harness Racing Commission to correct its records and to grant certain financial credits.

On June 5, 1956, after hearings, respondent issued a capital improvement license and construction permit to petitioner, conditioned upon completion of the capital improvement described...

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