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IN RE MID-STATE RACEWAY, INC.

Nos. 04-65746, 04-65745.

343 B.R. 21 (2006)

In re: MID-STATE RACEWAY, INC., Debtor In re: Mid-State Development Corporation, Debtor.

United States Bankruptcy Court, N.D. New York.

January 19, 2006.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan LLP, New York, NY (Christopher Donoho, of Counsel), Hiscock & Barclay, LLP, Syracuse, NY (J. Eric Charlton, Esq., of Counsel), for Oneida Entertainment, LLC.

Harris Beach, LLP, Syracuse, NY (Lee E. Woodard, of Counsel), for Debtors.

McGuirewoods LLP, New York, NY (James P. Ricciardi, of Counsel), Pittsburgh, PA (Mark E. Freedlander, of Counsel), for Vernon Downs Acquisition, LLC.

Bond, Schoeneck & King, LLP, Syracuse, NY (Stephen A. Donato, of Counsel), for Official Committee of Unsecured Creditors.

Menter, Rudin & Trivelpiece, P.C., Syracuse, NY (Jeffrey A. Dove, of Counsel), for Vestin Mortgage, Inc.

E. Lisa Tang, Delmar, NY, for Dominick A. Giambona.

Costello, Cooney & Fearon, PLLC, Syracuse, NY (Anthony R. Hanley, of Counsel), for County of Oneida.

Green & Seifter, PLLC, Syracuse, NY (Steven A. Paquette, of Counsel), for Harness Horse Association of Central New York, Inc.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Bankruptcy Judge.

The Court considers the motion filed on December 28, 2005, by Oneida Entertainment, LLC ("Oneida"), on shortened notice, seeking a determination pursuant to Rule 3019 of the Federal Rules of Bankruptcy Procedure ("Fed.R.Bankr.P.") that further disclosure and resolicitation of votes are not required with respect to its Modified First Amended Plan...

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