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

509302.

77 A.D.3d 1256 (2010)

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

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

Decided October 28, 2010.

LAHTINEN, J.

The underlying facts are set forth in our prior decision (Matter of Catskill Regional Off-Track Betting Corp. v New York State Racing & Wagering Bd., 56 A.D.3d 1027 [2008]). Briefly, petitioner contends that respondent New York State Racing and Wagering Board acted arbitrarily and exceeded its authority by the manner in which it licensed simulcasting of horse races at a harness track owned by respondent...

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