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MTR. SULLIVAN CO. HARNESS v. GLASSER

30 N.Y.2d 269 (1972)

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

Court of Appeals of the State of New York.

Decided April 26, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Charles A. La Torella, Jr., Samuel A. Hirshowitz and Irving Galt of counsel), for appellants.

Ralph L. Halpern and Frank G. Raichle for Genesee-Monroe Racing Association, Inc. and others, intervenors-appellants.

Samuel Gottlieb, Alan C. Krieger and George Morton Levy for Roosevelt Raceway, intervenor-appellant.

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

J. Lee Rankin, Corporation Counsel (R. Harcourt Dodds, James Nespole and Elliot P. Hoffman of counsel), for intervenor-respondent.

John S. McBride for Sullivan County Harness Racing Association, Inc., respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN and GIBSON concur with Judge BURKE; Judges BREITEL and JASEN dissent and vote to affirm on the opinion at Special Term.

BURKE, J.

In this article 78 proceeding, the issue is whether the State Harness Racing Commission (hereafter Commission) had the requisite power to condition petitioner's racing dates with the prohibition that the petitioner not conduct its racing programs in conjunction with television.

The Appellate Division, Third Department, unanimously affirmed without opinion a judgment of the Supreme Court. Sullivan...

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