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SULLIVAN CO. RACING ASSN. v. GLASSER

68 Misc.2d 579 (1971)

In the Matter of Sullivan County Harness Racing Association, Inc., Petitioner, and New York City off-Track Betting Corporation, Intervenor-Petitioner, v. Robert A. Glasser, as Chairman of the New York State Harness Racing Commission, et. al., Respondents, and Saratoga Harness Racing, Inc., et. al., Intervenors-Respondents.

Supreme Court, Trial Term, Sullivan County.

November 29, 1971

Attorney(s) appearing for the Case

Cooke, McBride, Davis & Greenberg (Leon Greenberg and John S. McBride of counsel), for petitioner. J. Lee Rankin, Corporation Counsel (James Nespole and Joseph Joyce of counsel), for intervenor-petitioner. Louis J. Lefkowitz, Attorney-General (Charles A. LaTorella and Bertram D. Sarafan of counsel), for New York State Harness Racing Commission, respondent. Schrade, Morris & Roche (Ernest B. Morris and David W. Morris of counsel), for Saratoga Harness Racing, Inc., and others, intervenors-respondents. Raichle, Banning, Weiss & Halpern for Finger Lakes Racing Association and others, intervenors-respondents. S. Harvey Fosner and George Morton Levy for Roosevelt Raceway, intervenor-respondent. William D. Kiley for Mid-State Raceway, Inc., intervenor-respondent. Harold Hughes for Harness Horse Breeders of New York State, Inc., intervenor-respondent. Andrew J. Cook for New York Division 8 and 8 of the U. S. Trotting Association, intervenor-respondent.

A. FRANKLIN MAHONEY, J.

Chapter 1095 of the Laws of 1971, effective July 2, 1971, amended section 38 of the Pari-Mutuel Revenue Law (L. 1940, ch. 254, as amd.) governing the period during which harness racing may be conducted in this State. Under the amended law the Harness Racing Commission was authorized, in counties having a population of 250,000 or less, to permit harness racing during the period from December...

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