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ROOSEVELT RACEWAY v. CO. OF NASSAU

18 N.Y.2d 30 (1966)

In the Matter of Roosevelt Raceway, Inc., Respondent, v. County of Nassau et al., Appellants.

Court of Appeals of the State of New York.

Decided June 9, 1966.

Attorney(s) appearing for the Case

Morris H. Schneider, County Attorney (Seymour S. Ross, David Schechter and William D. Siegel of counsel), for appellants.

George Morton Levy, Louis Haimoff and Anthony F. Correri for respondent.

Louis J. Lefkowitz, Attorney-General (Joel Lewittes, Samuel A. Hirshowitz and Daniel M. Cohen of counsel), in his statutory capacity under section 71 of the Executive Law.

Judges FULD, BURKE, BERGAN and KEATING concur with Chief Judge DESMOND; Judges VAN VOORHIS and SCILEPPI dissent and vote to affirm.

Chief Judge DESMOND.

This article 78 CPLR proceeding was brought against Nassau County and its County Comptroller to challenge the validity under the Federal and State Constitutions of chapter 837 of the Laws of 1956, and Nassau County Local Law No. 1 of 1956 pursuant to which the county by authorization of the State statute imposed a 30% tax on admissions to the harness...

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