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CHURCH OF THE ASCENSION v. NEW YORK STATE RACING & WAGERING BD.

55 A.D.2d 874 (1977)

Church of the Ascension et al., Appellants, v. New York State Racing and Wagering Board et al., Respondents

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

January 6, 1977

We agree with the concurring opinion of Judge Herlihy in Ball v State of New York (52 A.D.2d 47) that enactment of the 1975-1976 State budget bill (L 1975, ch 50) did not abolish the Bingo Commission, nor did it transfer to the Wagering Board the powers and functions of said commission. Accordingly, the Wagering Board lacked jurisdiction to vacate the order of the Bingo Commission which had granted petitioners leave to file a notice...

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