Dear (Incorporated) Village of Freeport Attorney Howard Colton:

Please ask an appropriate Official of the Incorporated Village of Freeport to request a Formal (or Informal) Opinion from New York State Attorney General  Eric Schneiderman to determine the rights of the bettors of the incorporated Village of Freeport who bet at the Nassau OTB Branch located at 131 West Sunrise Highway Freeport and any Village of Freeport Residents who work for Nassau OTB. Tracks run all across the United States on Palm Sunday and each and every Easter(s) Sunday(s). Bettors should be able to bet at the Freeport Branch of Nassau OTB on said days if they wish and Freeport residents who work for OTB should have the choice of whether to work or not on those days. Nassau OTB pays its workers time and a half for working on any Sunday. New York City OTB paid its workers double time for working on any Sunday. You can buy a lottery ticket every day of the year in New York. You should be able to bet the horses on the same number of days.

The Opinion of the Attorney General is free. I believe that Attorney General Eric Schneiderman  will agree with the Counsel for New York City OTB who told his client that it had the right to open and make money on Palm Sunday and Easters Sundays. If no qualified person asks the Attorney General for his Opinion we will never know what he has to say.

I will bet you that he agrees that NY PML Sec 105 violates the rights of residents of the Village of Freeport.





I believe that the New York Attorney General will tell you the following:
1. NY PML Sec 105 does not apply to Nassau OTB.
2. NY PML Sec 105 is not constitutionally defensible.
3. NY PML Sec 105 violates the rights of Village of Freeport bettors and Village of Freeport Nassau OTB employees secured by NY Const. Art. 1, Sec. 3.
4. NY PML Sec 105 is vague, indefinite and/or overly broad. The Julian and Gregorian Calendars do not define the same Sunday to be Easter Sunday in all years.

Open On 1st Palm Sunday, Otb Rakes In $2m - New York Daily News

articles.nydailynews.com/.../18220335_1_racing-and-wagering-boa... - Cached

You +1'd this publicly. Undo

Open On 1st Palm Sunday, Otb Rakes In $2m. BY JERRY BOSSERT DAILY NEWS SPORTS WRITER. Monday, April 14, 2003. New York City Off-Track Betting ...

 

§  105. Supplementary regulatory powers of the board.  Notwithstanding
  any inconsistent provision of law,  the  board  through  its  rules  and
  regulations  or  in  allotting  dates  for  racing  or in licensing race
  meetings at which pari-mutuel betting is permitted  shall  be  empowered
  to:  (i)  permit racing at which pari-mutuel betting is conducted on any
  or all dates from the first day of January through the thirty-first  day
  of December, inclusive of Sundays but exclusive of December twenty-fifth
  and  Palm  Sunday  and  Easter  Sunday; and (ii) fix minimum and maximum
  charges for admission at any race meeting.

 

Welcome Attorney Search Resources Attorney Registration E-Courts Contact Us	Attorney Detail as of 09/22/2011   Registration Number: 2691939     HOWARD ERIC COLTON LAW OFFICE OF HOWARD COLTON 30 S OCEAN AVE STE 202 FREEPORT, NY 11520-3550 United States (516) 304-4983     Year Admitted in NY: 1995 Appellate Division Department of Admission: 2 Law School: HOFSTRA Registration Status: Currently registered Next Registration: May 2013 The Detail Report above contains information that has been provided by the attorney listed, with the exception of REGISTRATION STATUS, which is generated from the OCA database. Every effort is made to insure the information in the database is accurate and up-to-date. The good standing of an attorney and/or any information regarding disciplinary actions must be confirmed with the appropriate Appellate Division Department. Information on how to contact the Appellate Divisions of the Supreme Court in New York is available at www.nycourts.gov/courts. If the name of the attorney you are searching for does not appear, please try again with a different spelling. In addition, please be advised that attorneys listed in this database are listed by the name that corresponds to their name in the Appellate Division Admissions file. There are attorneys who currently use a name that differs from the name under which they were admitted. If you need additional information, please contact the NYS Office of Court Administration, Attorney Registration Unit at 212-428-2800.
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