This blog is not affiliated or endorsed, by Nassau OTB, a public benefit corporation, subject to the New York Freedom
of Information Law, NY Pub Off Law Sec 84 et seq.
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. 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.
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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