CAPLAN v. NEW YORK STATE DEP'T OF TAXATION & FIN., DIV. OF THE LOTTERY


40 A.D.2d 534 (1972)

Frances Caplan, Respondent, v. New York State Department of Taxation and Finance, Division of the Lottery, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 7, 1972


Judgment affirmed, without costs, and appellants are directed to hold a new final bonus drawing on July 19, 1972.

In our opinion, the regulations of the Commissioner of Taxation and Finance regarding the operation of the final bonus drawing of the State lottery are too nebulous to permit a forfeiture of petitioner's right to have her lottery ticket number included in the final bonus drawing. The Commissioner's regulations provide that an eligible ticket holder shall...

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