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WHITE v. CUOMO

No. 12.

38 N.Y.3d 209 (2022)

192 N.E.3d 300

172 N.Y.S.3d 373

2022 NY Slip Op 01954

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

Court of Appeals of New York.

reargued February 8, 2022.

decided March 22, 2022.

Attorney(s) appearing for the Case

Letitia James , Attorney General, Albany ( Victor Paladino , Barbara D. Underwood and Steven C. Wu of counsel), for appellants.

O'Connell and Aronowitz, Albany ( Jeffrey J. Sherrin , Cornelius D. Murray , Francis J. Smith, Jr. , Andrew Ko , Samantha Femia and Marina Chu of counsel), for respondents.

Gibson, Dunn & Crutcher LLP, New York City ( Matthew L. Biben and Mylan L. Denerstein of counsel) and Dallas, Texas ( Allyson N. Ho of the Texas bar, admitted pro hac vice, of counsel), for FanDuel, Inc. and another, amici curiae.

Parlatore Law Group, New York City ( Scott D. Brenner of counsel), for The New Sports Economy Institute, amicus curiae.

OPINION OF THE COURT

Article I, § 9 of the New York Constitution authorizes "gambling" in certain circumstances and prohibits it in others. In 2016, after careful consideration, the New York State Legislature enacted article 14 of the Racing, Pari-Mutuel Wagering and Breeding Law authorizing and regulating interactive...

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