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MTR. OF ROOSEVELT RACEWAY v. MONAGHAN

9 N.Y.2d 293 (1961)

In the Matter of Roosevelt Raceway, Inc., Respondent, v. George P. Monaghan, as Commissioner of Harness Racing, Appellant.

Court of Appeals of the State of New York.

Decided March 23, 1961.

Attorney(s) appearing for the Case

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

Samuel I. Rosenman, George Morton Levy, Max Freund, Robert A. Kirtland and Ernest A. Gleit for respondent.

Samuel D. Smoleff and Earle K. Moore for Citizens Union of the City of New York, amicus curiæ.

J. Clement Johnston for Edward C. St. Clair, amicus curiæ.

Samuel Gottlieb, Louis Haimoff and Frank A. Fritz for Yonkers Raceway, Inc., amicus curiæ.

Judges VAN VOORHIS and FOSTER concur with Judge FULD; Judge DYE concurs in a separate opinion; Judge FROESSEL dissents in a separate opinion for modification; Chief Judge DESMOND and Judge BURKE dissent in separate opinions for affirmance.

FULD, J.

The Constitution of this State was amended in 1939 to permit such "pari-mutuel betting on horse races as may be prescribed by the legislature and from which the state shall derive a reasonable revenue for the support of government" (art. I, § 9). And, in 1940, the Legislature enacted the Pari-Mutuel Revenue Law authorizing several types of horse racing under State supervision (L. 1940, ch. 254)....

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