1. Attorney General Eric Schneiderman will not defend the constitutionality of NY PML Sec 105.
2. NY PML Sec 105 violates the rights of Lotto players secured by NY Const. Art. 1, Sec. 3.
3. NY PML Sec 105 does not apply to Nassau OTB which sells and cashes New York Lottery tickets.
4. NY PML Sec 105 is vague, indefinite and/or overly broad as the Julian and Gregorian Calendars do not define the same Sunday to be "Easter Sunday" in 2012.
Bill Murray's biography on the Lottery's website reflects his OTB background. With tracks running all across the United States every day of the year there is no reason why Nassau OTB should not be open to sell and cash lottery tickets and take bets on the out of state tracks that are running.
A sample/draft request for an Opinion from the Attorney General is set forth below for Bill Murray's convenience.
Subject: Public Comment/Petition December 21st Meeting of the New York Racing and Wagering Board
PUBLIC COMMENT/PETITION DECEMBER 21st MEETING OF THE NEW YORK RACING AND WAGERING BOARD
Ignorance of the law is no excuse. A premeditated, willful, vicious and/or malicious failure by Governor Andrew Cuomo, the New York Racing and Wagering Board, OTB Presidents and elected and appointed officials of the State of New York to ask the New York State Attorney General for a FREE FORMAL OR INFORMAL OPINION is worse than ignorance of the law.
Ignorance of the law is no excuse. A premeditated, willful, vicious and/or malicious failure by Governor Andrew Cuomo, the New York Racing and Wagering Board, OTB Presidents and elected and appointed officials of the State of New York to ask the New York State Attorney General for a FREE FORMAL OR INFORMAL OPINION is worse than ignorance of the law.
Introduction to Opinions - The New York State Attorney General
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Introduction to Opinions. This Website contains the Opinions of the Attorney General issued since 1995. Opinions are issued in response to requests by state ...
"We ought to get rid of the old myth that you're presumed to know the law," said Rep. John Conyers (D., Mich.), a member of the subcommittee.
"We ought to get rid of the old myth that you're presumed to know the law," said Rep. John Conyers (D., Mich.), a member of the subcommittee.
Criminal Code Is Overgrown, Legal Experts Tell Panel - WSJ.com
online.wsj.com/.../SB1000142405297020433610457709685200460...Cached
The federal criminal code has grown so large it ensnares everyday citizens who have no idea they are violating the law, ... U.S. NEWS; DECEMBER 14, 2011 ...
I again ask the New York Racing and Wagering Board to ask the Attorney General for a FORMAL OPINION regarding NY PML Sec 105.
1. NY PML Sec 105 does not apply to the OTBs.
2. NY PML Sec 105 is not constitutionally defensible.
3. NY PML Sec 105 violates the rights of New York State Bettors secured by NYConst. Art. 1, Sec. 3.
4. NY PML Sec 105 is vague, indefinite and/or overly broad. The Gregorian and Julian Calendars define different Sundays to be "Easter Sunday" in 2012 and in other years.
I have asked Lindenhurst Deputy Mayor and Trustee Kevin McCaffrey via email villageboard@villageoflindenhurst.com to ask Attorney General Eric Schneiderman for an Opinion. Kevin McCaffrey is also President of Teamsters Local 707 which merged with Teamsters Local 858 without providing Local 858 Members with a a copy of the Merger Agreement and related documents. Teamsters Local 858 represented the Managers of New York City OTB and employees of Nassau OTB. Upon the merger of Local 858 and Local 707 former Local 858 President Barry Yomtov became a "Business Agent" for Teamsters Local 707. Unlike Kevin McCaffrey, Barry Yomtov has no standing to ask the Attorney General for an Opinion. Nassau OTB has considerable outstanding liabilities. See eg.
I again ask the New York Racing and Wagering Board to ask the Attorney General for a FORMAL OPINION regarding NY PML Sec 105.
1. NY PML Sec 105 does not apply to the OTBs.
2. NY PML Sec 105 is not constitutionally defensible.
3. NY PML Sec 105 violates the rights of New York State Bettors secured by NYConst. Art. 1, Sec. 3.
4. NY PML Sec 105 is vague, indefinite and/or overly broad. The Gregorian and Julian Calendars define different Sundays to be "Easter Sunday" in 2012 and in other years.
I have asked Lindenhurst Deputy Mayor and Trustee Kevin McCaffrey via email villageboard@villageoflindenhurst.com to ask Attorney General Eric Schneiderman for an Opinion. Kevin McCaffrey is also President of Teamsters Local 707 which merged with Teamsters Local 858 without providing Local 858 Members with a a copy of the Merger Agreement and related documents. Teamsters Local 858 represented the Managers of New York City OTB and employees of Nassau OTB. Upon the merger of Local 858 and Local 707 former Local 858 President Barry Yomtov became a "Business Agent" for Teamsters Local 707. Unlike Kevin McCaffrey, Barry Yomtov has no standing to ask the Attorney General for an Opinion. Nassau OTB has considerable outstanding liabilities. See eg.
Extension for Nassau in OTB suit
Extension for Nassau in OTB suit. Originally published: November 29, 2011 2:58 PM Updated: November 29, 2011 3:39 PM By YANCEY ROY ...
Dear Deputy Mayor and Village Trustee Kevin McCaffrey:
Please immediately ask Attorney General for an OPINION to resolve the following questions first raised by the Counsel for New York City OTB:
1. NY PML Sec 105 does not apply to the OTBs.
2. NY PML Sec 105 is not constitutionally defensible.
3. NY PML Sec 105 violates the rights of the bettors of Lindenhurst and the State of New York secured by NYConst. Art. 1, Sec. 3.
4. NY PML Sec 105 is vague, indefinite and/or overly broad. The Gregorian and Julian Calendars define different Sundays to be "Easter Sunday" in 2012 and in other years.
As you know Barry Yomtov and New York City OTB employees were paid double time for working on any Sunday.
Nassau OTB employees are paid time and a half for working on any Sunday.
New York City OTb has died in bankruptcy and Suffolk OTB has filed for and been denied bankruptcy.
Barry Yomtov was unable to obtain an Attorney General Opinion when he was President of Teamsters Local 858 because he had no standing to ask for one.
People should be free to work or not as they wish while they still have jobs. The OTBs are public benefit corporations and the fiscal condition of the State and its subdivisions is apparently "functionally bankrupt."
Your prompt attention to this matter is appreciated.
Sincerely yours,
December 15, 2011
Please immediately ask Attorney General for an OPINION to resolve the following questions first raised by the Counsel for New York City OTB:
1. NY PML Sec 105 does not apply to the OTBs.
2. NY PML Sec 105 is not constitutionally defensible.
3. NY PML Sec 105 violates the rights of the bettors of Lindenhurst and the State of New York secured by NYConst. Art. 1, Sec. 3.
4. NY PML Sec 105 is vague, indefinite and/or overly broad. The Gregorian and Julian Calendars define different Sundays to be "Easter Sunday" in 2012 and in other years.
As you know Barry Yomtov and New York City OTB employees were paid double time for working on any Sunday.
Nassau OTB employees are paid time and a half for working on any Sunday.
New York City OTb has died in bankruptcy and Suffolk OTB has filed for and been denied bankruptcy.
Barry Yomtov was unable to obtain an Attorney General Opinion when he was President of Teamsters Local 858 because he had no standing to ask for one.
People should be free to work or not as they wish while they still have jobs. The OTBs are public benefit corporations and the fiscal condition of the State and its subdivisions is apparently "functionally bankrupt."
Your prompt attention to this matter is appreciated.
Sincerely yours,
December 15, 2011
Open On 1st Palm Sunday, Otb Rakes In $2m - New York Daily News
articles.nydailynews.com/.../18220335_1_racing-and-wagering-boar...Cached
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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 ...
NY PML
NY PML
§ 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.
NY Const. Art. 1,
§ 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.
Introduction to Opinions - The New York State Attorney General
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Introduction to Opinions. This Website contains the Opinions of the Attorney General issued since 1995. Opinions are issued in response to requests by state ...
| Sunday, April 1, 2012 Live Racing |
| Track Code | Track Name | Entry | Scratch | 1st Post ET | 1st Post Local | Time Zone | Stakes Race(s) | Stakes Grade | T.V. Indicator |
| FG | 72 | 0 | 1:40 PM | 12:40 PM | CDT | Louisiana Derby | 2 | ||
| Costa Rising Stakes | |||||||||
| Crescent City Derby | |||||||||
| New Orleans Handicap | 2 | ||||||||
| Bayou St. John Stakes | |||||||||
| Duncan F. Kenner Stakes | |||||||||
| Mervin H. Muniz Jr. Memorial Handicap | 2 | ||||||||
| FON | 48 | 0 | 2:30 PM | 1:30 PM | CDT | ||||
| GG | 48 | 24 | 3:45 PM | 12:45 PM | PDT | ||||
| GP | 72 | 0 | 12:35 PM | 12:35 PM | EDT | ||||
| HAW | 72 | 0 | 2:30 PM | 1:30 PM | CDT | ||||
| LA | 72 | 48 | 8:00 PM | 5:00 PM | PDT | ||||
| MNR | 72 | 48 | 7:00 PM | 7:00 PM | EDT | ||||
| OP | 48 | 0 | 2:30 PM | 1:30 PM | CDT | Arkansas Breeders' S. | |||
| PRX | 120 | 96 | 12:25 PM | 12:25 PM | EDT | ||||
| RP | 48 | 0 | 2:30 PM | 1:30 PM | CDT | ||||
| SA | 72 | 24 | 3:30 PM | 12:30 PM | PDT | ||||
| SUN | 120 | 24 | 2:45 PM | 12:45 PM | MDT | SPRC Claiming S. | |||
| TAM | 48 | 0 | 12:25 PM | 12:25 PM | EDT | ||||
| TP | 72 | 24 | 1:10 PM | 1:10 PM | EDT | ||||
| TUP | 120 | 0 | 4:00 PM | 1:00 PM | MST |
| Sunday, April 8, 2012 Live Racing |
| Track Code | Track Name | Entry | Scratch | 1st Post ET | 1st Post Local | Time Zone | Stakes Race(s) | Stakes Grade | T.V. Indicator |
| GG | 48 | 24 | 3:45 PM | 12:45 PM | PDT | ||||
| GP | 72 | 0 | 12:35 PM | 12:35 PM | EDT | Wait a While S. | |||
| RP | 48 | 0 | 2:30 PM | 1:30 PM | CDT | ||||
| SA | 72 | 24 | 3:30 PM | 12:30 PM | PDT | Santa Lucia S. | |||
| SUN | 120 | 24 | 2:45 PM | 12:45 PM | MDT | ||||
| WO | 72 | 24 | 1:00 PM | 1:00 PM | EDT |
| Sunday, April 15, 2012 Live Racing |
| Track Code | Track Name | Entry | Scratch | 1st Post ET | 1st Post Local | Time Zone | Stakes Race(s) | Stakes Grade | T.V. Indicator |
| AQU | 72 | 0 | 1:00 PM | 1:00 PM | EDT | ||||
| FON | 48 | 0 | 2:30 PM | 1:30 PM | CDT | ||||
| GG | 48 | 24 | 3:45 PM | 12:45 PM | PDT | ||||
| HAW | 72 | 0 | 2:30 PM | 1:30 PM | CDT | ||||
| HST | 96 | 0 | 4:50 PM | 1:50 PM | PDT | ||||
| KEE | 48 | 0 | 1:15 PM | 1:15 PM | EDT | ||||
| LA | 72 | 48 | 8:00 PM | 5:00 PM | PDT | ||||
| LS | 72 | 0 | 2:35 PM | 1:35 PM | CDT | ||||
| MNR | 72 | 48 | 7:00 PM | 7:00 PM | EDT | ||||
| PRX | 120 | 96 | 12:25 PM | 12:25 PM | EDT | ||||
| RP | 48 | 0 | 2:30 PM | 1:30 PM | CDT | ||||
| SA | 72 | 24 | 3:30 PM | 12:30 PM | PDT | La Puente S. | |||
| SUN | 120 | 24 | 2:45 PM | 12:45 PM | MDT | Sunland Park H. | |||
| TAM | 48 | 0 | 12:25 PM | 12:25 PM | EDT | ||||
| TUP | 120 | 0 | 4:00 PM | 1:00 PM | MST | ||||
| WO | 72 | 24 | 1:00 PM | 1:00 PM | EDT |
Bill Murray
Bill Murray was appointed Deputy Director and General Counsel of the New York Lottery in 2007. His responsibilities include legal and legislative affairs, human resources, licensing, security, regulation and compliance. This is the second time he has served on the Lottery’s staff. Previously, he was the Lottery’s Counsel from 1988 to 1999. He has been the Legislative Counsel for the New York State Comptroller and Assistant Counsel for the State Department of Economic Development, and he was in private practice on Wall Street and in Saratoga Springs and Albany. Before his legal career, he was a member of the 1971 team that started the nation’s first off-track betting program in New York City [NOW BANKRUPT, CHAPTER 9] and served in the U.S. Army. He has a BA from Queens College of the City University of New York and a J.D. from the Fordham University School of Law.  |  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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