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SARATOGA RAC. v. QUART. HORSE RAC.

42 A.D.2d 3 (1973)

Saratoga Harness Racing, Inc., et al., Appellants, v. New York State Quarter Horse Racing Commission et al., Respondents

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

May 31, 1973.

Attorney(s) appearing for the Case

Schrade, Morris & Roche (David W. Morris of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Douglas S. Dales, Jr., and Ruth Kessler Toch of counsel), for New York State Quarter Horse Racing Commission, respondent.

Conway, Dush & Allan (Harry A. Allan of counsel), for Albany Quarter Horse Racing Assn., Inc., respondent.

Reilly, Like & Schneider (Irving Like of counsel), for Suffolk Meadows Quarter Horse Racing Assn., Inc., respondent.

STALEY, JR., J. P., COOKE, SWEENEY and KANE, JJ., concur.

MAIN, J.

This is an appeal from an order and judgment of the Supreme Court at Special Term, entered January 5, 1973 in Albany County, which declared subdivision 4 of section 67 of the Pari-Mutuel Revenue Law (as added by L. 1970, ch. 1023, § 1) constitutional and dismissed plaintiffs' complaint.

The plaintiffs, Saratoga Harness and Roosevelt Raceway, commenced this action, seeking a judgment declaring...

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