Wednesday, December 7, 2011

Dear Kevin McCaffrey Village Trustee and Deputy Mayor

Please immediately ask NY State Attorney General for a Formal or Informal Opinion that will answer the questions first raised by New York City OTB in 2003:
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 Nassau County Bettors secured by NY Const. Art. 1, Sec. 3.
4. NY PML Sec 105 is vague, indefinite and/or overly broad as the Julian and Gregorian Calendars define different Sundays to be Easter Sunday in 2012.

Nassau OTB Bettors and Nassau OTB employees represented by Teamsters Local 707 need the choice of whether to bet or not while their OTB is in business or work or not while their OTB is in business in this uncertain world of public benefit corporations filing for bankruptcy or trying to file for bankruptcy (NYC OTB and Suffolk OTB).

Show us your character by asking NY State Attorney General Eric Schneiderman for a FREE Opinion.


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 ...

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.



http://www.nyeb.uscourts.gov/opinions/cec/346235_162_opinion.pdf
 












Chapter 9 Protection Update
To Our Customers
December 2011

Bankruptcy Judge Rules on Suffolk OTB Chapter 9 Petition
As you are aware, Suffolk OTB filed a petition for modification of its debts under Chapter 9 of the U.S. Bankruptcy Code on March 18th of this year.
Shortly before 5 P.M. this past Friday (December 2, 2011), U.S. Bankruptcy Court Chief Judge Carla Craig released her ruling regarding Suffolk OTB. Judge Craig, whose court is located in Brooklyn, dismissed Suffolk OTB’s petition to remain under the protection of Chapter 9 bankruptcy.
In her ruling, Judge Craig maintained that New York State (not the Suffolk County Legislature) was the appropriate entity to authorize Suffolk OTB’s Chapter 9 bankruptcy filing. The need for State authorization was also the basis for the objection that Churchill Downs Inc. filed on May 18th. Suffolk OTB’s attorneys had argued that Churchill Downs Inc. did not have the requisite standing to file such an objection because Suffolk Off-Track Betting had a contract with Track Net, and not Churchill Downs Inc.
Judge Craig disagreed with Suffolk OTB’s argument and ruled that Churchill Downs Inc. has standing as a party to a contract.
Suffolk OTB’s attorneys filed a motion electronically Friday evening requesting a ‘stay’ of the dismissal order while the corporation prepares an appeal of Judge Craig’s decision.
While in bankruptcy — and for some time prior to filing for Chapter 9 protection — Suffolk OTB’s officers dramatically cut operational costs and increased revenue producers such as Qwik Bets and internet wagering. Judge Craig’s ruling prevents Suffolk OTB from moving forward with development of its new business model. To overcome this obstacle, Suffolk OTB must obtain New York State authorization of its Chapter 9 petition.
For all of our loyal customers, it is important to know that Suffolk OTB will remain open for business while addressing this latest challenge. Branches, Qwik Bets, the phone room, and internet wagering will remain fully operational. Customer funds, as always, are secure and available for wagering.
We remain committed to providing the highest level of customer service so that our patrons may continue to enjoy an exciting racing experience. Thank you for your support.



By clicking here, you will be taken to the PACER (Public Access to Court Electronic Records) web site, which is an electronic public access service. Registration for Pacer is necessary in order to access documents.



 

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