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OTB CORP. v. RACING BD.

196 A.D.2d 15 (1994)

New York City off Track Betting Corporation et al., Respondents, v. State of New York Racing and Wagering Board et al., Appellants

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

February 24, 1994

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Daniel Smirlock and Peter G. Crary of counsel), for State of New York Racing and Wagering Board, appellant.

Cahill, Gordon & Reindel, New York City (William F. Dahill and H. Richard Schumacher of counsel), for New York Racing Association Inc., appellant.

Bleakley Platt & Schmidt, White Plains (Frederick J. Martin of counsel), for Yonkers Racing Corporation, appellant.

Nicholas E. Tishler, Schenectady, and Philip Stillman, Schenectady (Roger L. Dworsky of counsel), for Capital District Regional Off Track Betting Corporation and others, respondents.

MIKOLL, J. P., MERCURE, CREW III and YESAWICH JR., JJ., concur.

WHITE, J.

This dispute between defendants and plaintiffs, which are all public benefit corporations that operate 280 off-track betting parlors across the State where they offer pari-mutuel wagering on horse races conducted by defendants New York Racing Association Inc. (hereinafter NYRA) and Yonkers Racing Corporation (hereinafter Yonkers), arises from Racing, Pari-Mutuel Wagering and Breeding Law § 523...

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