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ANOBILE v. PELLIGRINO

Docket No. 99-9043.

274 F.3d 45 (2001)

Angelo ANOBILE, Joseph Omboni, Jr., Michael Forte, Wardell Washington, Richard W. Fulfree, George P. Fulfree, and Robert Rahner, Plaintiffs-Appellants, v. Frank PELLIGRINO, Edward Martin, Michael J. Hoblock, Bennett Liebman, Joseph P. Neglia, Joel Leveson and the New York State Racing and Wagering Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 26, 2001.

Attorney(s) appearing for the Case

Richard W. Fulfree, Yonkers, NY, for plaintiffs-appellants.

Charles F. Sanders, Assistant Attorney General, New York, NY (Eliot Spitzer, Attorney General of the State of New York, New York, NY, Edward Johnson, Deputy Solicitor General, Mark Gimpel, Assistant Solicitor General, of counsel), for defendants-appellees.

Before: VAN GRAAFEILAND and PARKER, Circuit Judges, and UNDERHILL, District Judge.

Judge VAN GRAAFEILAND dissents in a separate opinion.

PARKER, Circuit Judge.

This appeal challenges the lawfulness of a warrantless administrative search conducted at Yonkers Raceway ("the Raceway"), a harness racing facility in New York. The search encompassed racetrack facilities, racetrack dormitories, and individuals present at the Raceway and their personal belongings. The United States District Court for the Southern District of New York (Barrington...

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