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SUFFOLK v. NYS RACING

47 A.D.3d 133 (2007)

846 N.Y.S.2d 687

In the Matter of SUFFOLK REGIONAL OFF-TRACK BETTING CORPORATION, Appellant, v. NEW YORK STATE RACING AND WAGERING BOARD et al., Respondents. (And Four Other Related Proceedings.)

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

November 29, 2007.

Attorney(s) appearing for the Case

Neil H. Tiger, Corporation Counsel, Hauppauge, for Suffolk Regional Off-Track Betting Corporation, appellant.

Stern & Rindner, Goshen (Mark D. Stern of counsel), for Catskill Regional Off-Track Betting Corporation, appellant.

Powers & Santola, Albany (Michael J. Hutter of counsel), for Capital District Regional Off-Track Betting Corporation, appellant.

Garry & Garry, New York City (Thomas J. Garry of counsel), for Nassau Regional Off-Track Betting Corporation, appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Ira H. Block of counsel), for New York City Off-Track Betting Corporation, appellant.

Andrew M. Cuomo, Attorney General, Albany (Victor Paladino of counsel), for New York State Racing and Wagering Board, respondent.

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

Nolan & Heller, Albany (Richard L. Burstein of counsel), for Saratoga Harness Racing, Inc. and another, respondents.

Marvin Newberg, Monticello, for Monticello Raceway, respondent.

CREW III, J.P., MUGGLIN, ROSE and KANE, JJ., concur.

OPINION OF THE COURT

PETERS, J.

In February 2005, respondent New York State Racing and Wagering Board (hereinafter the Board) issued three final determinations that affected the distribution of funds that is required to be made by petitioners to various harness racing tracks pursuant to the Racing, Pari-Mutuel Wagering and Breeding Law. In one, the "maintenance of effort" determination, the Board addressed the scope of payments required under Racing, Pari...

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