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ROBERTS v. PATERSON

No. 120.

19 N.Y.3d 524 (2012)

2012 NY Slip Op 5197

LILLIAN ROBERTS, as Executive Director of District Council 37, American Federation of State, County and Municipal Employees, AFL-CIO, et al., Appellants, v. DAVID A. PATERSON, as Governor of the State of New York, et al., Respondents.

Court of Appeals of New York.

Decided June 28, 2012.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan LLP, New York City ( Curtis C. Mechling , Alan M. Klinger , Ernst H. Rosenberger , Meredith Strauss and Dina Kolker of counsel), and Mary J. O'Connell , General Counsel, District Council 37, AFSCME, AFL-CIO, for appellants.

Eric T. Schneiderman , Attorney General, New York City ( Laura R. Johnson , Barbara D. Underwood and Richard Dearing of counsel), for David A. Paterson and another, respondents.

Michael A. Cardozo , Corporation Counsel, New York City ( Sharyn Rootenberg , Larry A. Sonnenshein and Janice Birnbaum of counsel), for Michael Bloomberg and another, respondents.

Colleran, O'Hara & Mills, L.L.P., Garden City ( Edward J. Groarke of counsel), for New York State AFL-CIO, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

The New York City Off-Track Betting Corporation (NYC OTB or the Corporation) was created in 1970 as a public benefit corporation charged with operating an off-track pari-mutuel betting system within New York City. The Corporation, which was established and governed by the Racing, Pari-Mutuel Wagering and Breeding Law, collected about $1 billion a year in wagers in each of the four fiscal years ending on June 30, 2008. The lion...

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