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RACING ASSN v. RACING BD

58 A.D.2d 285 (1977)

Finger Lakes Racing Association, Inc., Plaintiff, v. New York State Racing and Wagering Board, Defendant. (Action No. 1.) Finger Lakes Racing Association, Inc., et al., Respondents, v. Western Regional off-Track Betting Corp., Appellant, and New York State Racing and Wagering Board et al., Intervenors-Appellants. (Action No. 2.)

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

July 12, 1977

Attorney(s) appearing for the Case

Taylor & Taylor (Daniel R. Taylor of counsel), for Finger Lakes Racing Association.

John J. Gannon for Western Regional Off-Track Betting Corporation, appellant.

Louis J. Lefkowitz, Attorney-General (William J. Kogan, Ruth Kessler Toch and John Dailey of counsel), for New York State Racing and Wagering Board, intervenor-appellant.

Morris & Morris (Stephen Morris of counsel), for Genesee Monroe Racing Association, intervenor-appellant.

Jesse Moss and Sue Wimmershoff-Caplan for Western New York Harness Horsemen's Association and others, intervenors-appellants.

MARSH, P. J., CARDAMONE, GOLDMAN and WITMER, JJ., concur.

DILLON, J.

These two interrelated actions involve the rules and regulations of the New York State Racing and Wagering Board (Board), as proposed and as subsequently adopted, and the distribution of off-track pari-mutuel betting moneys to Finger Lakes Racing Association, Inc. (Finger Lakes). An action was commenced by Finger Lakes in 1975 for an accounting and to collect moneys due from the Western Regional Off...

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