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MATTER OF PACE-O-MATIC, INC. v. NEW YORK STATE LIQUOR AUTHORITY

506808.

72 A.D.3d 1144 (2010)

898 N.Y.S.2d 295

In the Matter of PACE-O-MATIC, INC., Respondent, v. NEW YORK STATE LIQUOR AUTHORITY, Appellant. NEW YORK STATE RACING AND GAMING ASSOCIATION, INC., Proposed Intervenor-Appellant.

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

Decided April 1, 2010.

McCarthy, J.

Petitioner designed and produced a touch screen video game entitled Moxie Mania Empire Edition. After money is deposited into the machine, the game consists of three phases. During the Moxie phase, if the player selects the proper symbol within one second of the game grid appearing, he or she wins 104% of the amount wagered. If no symbol is selected, the game progresses to the post-Moxie phase, where the player...

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