MATTER OF MacMILLEN v. NEW YORK STATE RACING & WAGERING BD.


59 N.Y.2d 664 (1983)

In the Matter of William C. MacMillen, Jr., Individually and as President of Horsemen's Benevolent and Protective Association, New York Division, Appellant, v. New York State Racing and Wagering Board, Respondent, and Jockeys' Guild, Inc., Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided April 28, 1983.


Attorney(s) appearing for the Case

Herman E. Cooper and Jonathan L. Sulds for appellant.

Robert Abrams, Attorney-General (Theresa E. Wolinski, Peter H. Schiff and Henriette Frieder of counsel), for respondent.

Christopher S. Rooney and Roger D. Smith for intervenor-respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Section 57 of the Workers' Compensation Law mandates that every State or municipal official authorized to issue permits obtain proof of compensation insurance coverage for all "employees in a hazardous employment." The New York State Racing and Wagering Board is a permit issuing agency, racing is a hazardous employment and the relationship...

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