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  5. 46 N.Y.2d 776 (1978)
 

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

46 N.Y.2d 776 (1978)

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

Court of Appeals of the State of New York.

Decided December 20, 1978.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), for New York State Racing and Wagering Board, appellant.

Ira M. Belfer, Mark A. Bogart and Abraham Weinstein for Belfran Industries, appellant.

Bernard Perlman for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in a memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Both the determination of the Bingo Control Commission granting respondents leave to file notices of appeal nunc pro tunc and the determination of the Racing and Wagering Board vacating that order were made while the Bingo Control Commission was vested with the authority to regulate the game of bingo. The State Purposes Appropriation...

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