SARATOGA ASSN. v. HORSE BREEDING FUND


22 N.Y.2d 119 (1968)

Saratoga Harness Racing Association, Inc., Appellant, v. Agriculture and New York State Horse Breeding Development Fund, Respondent.

Court of Appeals of the State of New York.

Decided May 16, 1968.


Attorney(s) appearing for the Case

Ernest B. Morris and David W. Morris for appellant.

Louis J. Lefkowitz, Attorney-General (Edward Siegfried and Ruth Kessler Toch of counsel), for respondent.

Judges BURKE, SCILEPPI and BERGAN concur with Judge KEATING; Judge BREITEL dissents and votes to reverse in an opinion in which Chief Judge FULD and Judge JASEN concur.


KEATING, J.

This appeal presents for our consideration an attack upon the constitutionality of a legislative program enacted to aid the growth and development of a business enterprise — harness racing tracks and related operations — which provides substantial revenues to the State and its subdivisions and which the Legislature has found constitute "an important part of the economy of the state"...

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