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IN MATTER OF CATSKILL REGIONAL OFF-TRACK BETTING CORPORATION v. STATE OF NEW YORK RACING AND WAGERING BOARD

31 A.D.3d 540 (2006)

818 N.Y.S.2d 560

In the Matter of CATSKILL REGIONAL OFF-TRACK BETTING CORPORATION, Respondent, v. STATE OF NEW YORK RACING AND WAGERING BOARD, Appellant.

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

July 11, 2006.

Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the determinations are confirmed, the petition is denied, and the proceeding is dismissed.

The Daily Racing Form, Inc. (hereinafter The Daily), a nonparty to this proceeding, sought certain information and documents by filing a request pursuant to the Freedom of Information Law (hereinafter FOIL) (Public Officers Law art 6). The

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