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  5. 30 N.Y.2d 207 (1972)
 

RACING ASSN. v. OFF-TRACK BETTING

30 N.Y.2d 207 (1972)

Finger Lakes Racing Association, Inc., Appellant, v. New York State off-Track Pari-Mutuel Betting Commission et al., Respondents, and City of New York et al., Intervenors-Respondents. Mid-State Raceway, Inc., Appellant, v. New York State off-Track Pari-Mutuel Betting Commission et al., Respondents, and City of New York et al., Intervenors-Respondents. Saratoga Harness Racing, Inc., Appellant, v. New York State off-Track Pari-Mutuel Betting Commission et al., Respondents, and City of New York et al., Intervenors-Respondents. Sullivan County Harness Racing Association, Inc., Appellant, v. New York State off-Track Pari-Mutuel Betting Commission et al., Respondents, and City of New York et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided March 23, 1972.

Attorney(s) appearing for the Case

Ernest B. Morris and Ralph D. Semerad for Saratoga Harness Racing, Inc., appellant.

William D. Kiley for Mid-State Raceway, Inc., appellant.

Frank G. Raichle and Ralph L. Halpern for Finger Lakes Racing Association, Inc., appellant.

George Morton Levy, Louis Haimoff, John McBride and S. Harvey Fosner for Sullivan County Harness Racing Association, Inc., appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondents.

J. Lee Rankin, Corporation Counsel (Alfred Weinstein, Stanley Buchsbaum and Jonathan T. Shearer of counsel), for City of New York and another, intervenors-respondents.

Leonard J. Litz, Corporation Counsel (Davis M. Etkin of counsel), for City of Schenectady, respondent.

No appearance for Rensselaer and Greene Counties, respondents.

Judges SCILEPPI, BREITEL and JASEN concur with Judge BERGAN; Judge BURKE dissents and votes to reverse in an opinion in which Chief Judge FULD and Judge GIBSON concur; Chief Judge FULD dissents in a separate opinion in which Judge GIBSON also concurs.

BERGAN, J.

Plaintiffs are corporations engaged under State license in the business of operating horse racetracks and conducting gambling operations by pari-mutuel systems of betting. In these four actions against the New York State Off-Track Pari-Mutuel Betting Commission, the New York State Racing Commission and other parties having an adverse interest in the controversy, plaintiffs seek judgment declaring chapters...

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