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WHITE v. CUOMO

528026.

181 A.D.3d 76 (2020)

18 N.Y.S.3d 775

2020 NY Slip Op 00895

JENNIFER WHITE et al., Respondents-Appellants, v. ANDREW CUOMO, as Governor of the State of New York, et al., Appellants-Respondents.

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

Decided February 6, 2020.

Attorney(s) appearing for the Case

Letitia James , Attorney General, Albany ( Victor Paladino of counsel), for appellants-respondents.

O'Connell and Aronowitz, Albany ( Cornelius D. Murray of counsel), for respondents-appellants.

Debevoise & Plimpton LLP, New York City ( W. David Sarratt of counsel) and Boies, Schiller & Flexner LLP, New York City ( Joshua Schiller of counsel), for FanDuel, Inc. and another, amici curiae.

Perkins Coie LLP, New York City ( Adam H. Schuman of counsel), for Capital Region Gaming, LLC, amicus curiae.

GARRY, P.J., CLARK and REYNOLDS FITZGERALD, JJ., concur with MULVEY, J.; PRITZKER, J., dissents in a separate opinion.

OPINION OF THE COURT

Cross appeals from an order of the Supreme Court (Connolly, J.), entered October 31, 2018 in Albany County, which (1) partially granted plaintiffs' motion for summary judgment, and (2) partially granted defendants' cross motion for summary judgment dismissing the complaint.

In August 2016, the Legislature...

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