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Legislators aim to help Suffolk OTB
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Places of SuffolkThe move comes seven weeks after a federal court ruled Suffolk OTB improperly went about filing for Chapter 9 bankruptcy in March and that, for now, the betting entity isn't eligible for protection.
The U.S. Bankruptcy Court for the Eastern District of New York said Suffolk OTB inappropriately sought authority from the county legislature, rather than going through the State Legislature and Gov. Andrew M. Cuomo.
Assemb. Robert Sweeney (D-Lindenhurst) and State Sen. John Flanagan (R-East Northport) filed a bill that would give Suffolk OTB state approval.
"Without bankruptcy protection, in the face of fiscal difficulty, Suffolk OTB could be forced to shut its doors and terminate hundreds of employees," the lawmakers said in a memo. "This has devastating consequences for employees, suppliers, landlords, neighborhoods and creditors, and creates complicated and expensive issues for taxpayers."
Churchill Downs, the Kentucky horse racing track and an OTB creditor, filed suit to block the Chapter 9 filing. According to the federal court decision, OTB's bankruptcy plan calls for all creditors to be paid in full. But if the bankruptcy filing is dismissed, it said, "Suffolk OTB may be required to cease operations."
Jeff Casale, Suffolk OTB president, welcomed the legislation. "This doesn't cost the state anything and there is no cost to the taxpayer," he said. "It is simply a procedural step that allows us to address the issues raised in court and continue to restructure and get out of bankruptcy as soon as possible." With Rick Brand
Dear Attorney General Eric Schneiderman:
The Bettors of the State of New York and the employees of the
remaining OTBs, public benefit corporations, have no standing to ask
for your Opinion to the following simple questions with seemingly
obvious answers::
1. Will the Attorney General defend the constitutionality of NY PML Sec
105?
2. Does NY PML Sec 105 apply to Nassau OTB?
3. Does NY PML Sec 105 violate the rights of New York Bettors secured
by NY Const. Art. 1, Sec. 3?
4. Is NY PML Sec 105 vague, indefinite and/or overly broad as the term
"Easter Sunday" does not define one and only one Sunday in all years
(see eg Gregorian and Julian Calendars)?
I hope that you will sua sponte issue an Opinion as to the
above so that bettors may bet, workers may work or not as they wish,
and the State and its subdivisions make money. There are tracks running
all across the United States every day of the year that bettors want to
bet. Track calendars may be found at eg www.ntra.com.
The OTBs also
sell New York Lottery tickets which are drawn every day of the year.
The OTBs also cash non IRS Lottery tickets in cash for any sum, a
convenience for many Lotto Players.
It is critical in these current time that the OTBs are open when
customers want to bet. I believe that your Opinion will belatedly
validate the actions of New York City OTB taken on the advice of its
Counsel in 2003.
Sincerely yours,
January 5, 2012
Open
On 1st Palm Sunday, Otb Rakes In $2m - New York
Daily News
articles.nydailynews.com/.../1......
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.
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