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ONTARIO v. OFF-TRACK BETTING

144 Misc.2d 893 (1989)

Ontario County, Petitioner, v. Capital District Regional off-Track Betting Corporation et al., Respondents.

Supreme Court, Schenectady County.

August 4, 1989

Attorney(s) appearing for the Case

John W. Park, County Attorney (Kenneth A. Windstein of counsel), for petitioner. Philip Stillman for Capital District Off-Track Betting Corporation, respondent. Robert Abrams, Attorney-General (Steven H. Schwartz of counsel), for New York State Racing and Wagering Board, respondent.

ROBERT F. DORAN, J.

At issue in this CPLR article 78 proceeding is the disposition of surcharge revenues collected by the Capital District Regional Off-Track Betting Corporation (hereinafter Capital OTB) from the nonsimulcast handle generated from races conducted at the Finger Lakes Racetrack (hereinafter Finger Lakes). Finger Lakes is located in Ontario County...

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