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FINGER LAKES v. RACING BD.

45 N.Y.2d 471 (1978)

Finger Lakes Racing Association, Inc., et al., Appellants, v. New York State Racing & Wagering Board, Respondent. Finger Lakes Racing Association, Inc., et al., Appellants, v. Western Regional off-Track Betting Corp., Respondent, and New York State Racing and Wagering Board et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided October 26, 1978.

Attorney(s) appearing for the Case

John Van Voorhis for appellants in the first and second above-entitled actions.

Louis J. Lefkowitz, Attorney-General (John M. Dailey, Ruth Kessler Toch and William J. Kogan of counsel), for New York State Racing and Wagering Board, respondent in the first above-entitled action and for intervenor-respondent in the second above-entitled action.

John J. Gannon for respondent in the second above-entitled action.

Stephen P. Morris for Genesee Monroe Racing Association, Inc., intervenor-respondent in the second above-entitled action.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

Both of these actions, consolidated for purposes of appeal, involve the distribution of retained commissions from off-track pari-mutuel betting moneys to the Finger Lakes Racing Association, Inc. (FLRA).

In the first, a controversy submitted upon agreed facts pursuant to CPLR 3222, FLRA seeks a determination that certain rules and regulations promulgated by the New York State Racing and Wagering...

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