Wednesday, November 2, 2011

Take the Ed Koch Esq. Jerome Murphy Esq. Legal Analysis Challenge

By Letter Dated October 28, 2011 addressed to countless "Dear Friend(s):" Edward I Koch Esq., 212-541-2100; eikoch@bryancave.com did ask us to vote for Jerome Murphy Esq. on Line B-10 on this election day.

Dear Ed,

 I think that Jerome Murphy Esq., Deputy Village Attorney of Island Park, should provide a free service to the bettors of New York State and the taxpayers of New York State and the employees of all of the OTBs, public benefit corporations, of New York State, by asking New York State Attorney General for  FREE OPINION that will likely tell us that:

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 NEW YORK STATE BETTORS SECURED BY NY CONST. ART. 1, SEC. 3.

4. NY PML SEC 105 IS VAGUE, INDEFINITE AND/OR OVERLY BROAD AS THE GREGORIAN CALENDAR AND JULIAN CALENDAR DO NOT DEFINE THE SAME SUNDAY TO BE EASTER SUNDAY IN ALL YEARS.


With tracks running all across the United States every day of the year and the slot machines at Aqueduct open every day of the year and New York Lottery tickets available to be bought every day of the year, there is no reason why someone should not ask the New York State Attorney General for a Formal or Informal Opinion.

OTB workers should have the choice of whether to work or not on any day of the year. It is noted that New York City OTB workers including Barry Yomtov a New York City Manager and President of Teamsters Local 858 which also represents Nassau OTB employees, were paid DOUBLE TIME for working on any Sunday.  New York City OTB is now deceased and Suffolk OTB has filed for Chapter 9 Bankruptcy.

You don't have to be an Attorney to ask the New York State Attorney General for an Opinion.

 

Let's put NY PML Sec 105 as a question on the next New York Bar Examination as a reward for candidates for admission to the bar who bet horses.

If  you have a friend or relative who is applying to law school, consider having them review the work of the counsel for New York City OTB who advised that the corporation had the right to open and make money on Palm Sunday and Easter Sunday, and proceed accordingly. I bet that if they sue that they will win.

It would be better public policy though for them to also encourage a public official to ask the New York State Attorney General for an Opinion. It might improve their chances of law  school admission to show that they have what it takes to sue and win if they are bettor?

 



Introduction to Opinions - The New York State Attorney General

OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL · Our Office ... This Website contains the Opinions of the Attorney General issued since 1995. ...

 


 

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

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

http://www.chesneymurphy.com/bio/JeromeMurphy.asp


 

 

§  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.
 
§  3.  The  free  exercise  and  enjoyment of religious profession and
  worship, without discrimination or preference, shall forever be  allowed
  in  this  state  to  all  humankind;  and  no  person  shall be rendered
  incompetent to be a witness on account of his or her opinions on matters
  of religious belief; but the liberty of conscience hereby secured  shall
  not  be  so  construed  as  to excuse acts of licentiousness, or justify
  practices inconsistent with the peace or safety of this state.
 

Village of Island Park - Contact Us

www.villageofislandpark.com/contact_us.htmCached
 - Block all www.villageofislandpark.com results
Village Office 127 Long Beach Road Island Park, New York 11558. Telephone: (516) 431-0600. Fax: (516) 431-0436. Email: info@villageofislandpark.com.

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