NY PML Sec 105 and Sec 105 violate the rights of New York State Bettors secured by NY Const. Art. 1,Sec. 3. Even if you are unable to place using your OTB internet /phone account there are those of us who would consider it a "valuable" public service to have NY PML Sec 105 killed in a court of law or via an Attorney General Opinion. The right of the bettors of New York to be free to bet at Nassau OTB any day of the year including the days in April or thereabout when Andrew Cuomo may be in church is priceless. Sadly this minor legal project will not occupy much of you time in the law library but it is valuable nonetheless.
Updated: Thu., Apr. 26, 2012, 11:40 PM Clink time for Carl
Last Updated: 11:40 PM, April 26, 2012
Posted: 10:18 PM, April 26, 2012
In the end, all Carl Kruger’s tears bought him was a seven-year stretch in federal lockup.
The disgraced 63-year-old former Brooklyn state senator may actually serve less time than that, of course.
It’s also a bit less than the 9- to 11-year term that federal prosecutors sought after his guilty plea on corruption charges. (He actually could have faced up to 50 years.)
But it’s more than Kruger had hoped Manhattan federal court Judge Jed Rakoff would impose, following his tearful plea for mercy — not to mention his lawyer’s bizarre insistence that Kruger wasn’t your average brand of corrupt Albany lawmaker.
(We wonder: Just how many types are there? And which is the “good” kind?)
But Kruger certainly deserves every single day of prison time he’ll get.
Surely there must be some kind of penalty severe enough to rein in the spate of political corruption that seems to have only mushroomed over the past decade or so.
Kruger sold his not-inconsiderable political influence for $500,000 in payoffs, intervening on behalf of a high-profile lobbyist’s clients and several health-care execs.
He used the money to buy a Bentley and a garish $1.8 million Mill Basin mansion for his housemate and “intimate companion,” gynecologist Michael Turano.
Not that the cash spigot will be closed while Kruger is doing time: Having resigned from the Senate, he’ll soon be cashing checks from his $60,000-a-year legislative pension.
(This time, for a change, it’ll be legal.)
Kruger’s lawyer, Benjamin Brafman, was not entirely wrong in citing Albany’s longstanding culture of corruption while pleading for mercy for his client.
But the fact that others may have taken more money to betray their constituents’ interests is hardly an argument for mercy.
And Rakoff, to his credit, didn’t buy it.
Yes, the judge noted Kruger’s good works and the fact that he agreed to plead guilty.
But that, he said, had to be balanced against the harm he’d done as Albany’s latest poster boy for political corruption.
In the end, the truest words were spoken by Kruger himself.
“I’m broken, destroyed and disgraced,” he told the judge. “I have no one else to blame. This will haunt me for the rest of my life.”
As well it should.
The disgraced 63-year-old former Brooklyn state senator may actually serve less time than that, of course.
It’s also a bit less than the 9- to 11-year term that federal prosecutors sought after his guilty plea on corruption charges. (He actually could have faced up to 50 years.)
But it’s more than Kruger had hoped Manhattan federal court Judge Jed Rakoff would impose, following his tearful plea for mercy — not to mention his lawyer’s bizarre insistence that Kruger wasn’t your average brand of corrupt Albany lawmaker.
(We wonder: Just how many types are there? And which is the “good” kind?)
But Kruger certainly deserves every single day of prison time he’ll get.
Surely there must be some kind of penalty severe enough to rein in the spate of political corruption that seems to have only mushroomed over the past decade or so.
Kruger sold his not-inconsiderable political influence for $500,000 in payoffs, intervening on behalf of a high-profile lobbyist’s clients and several health-care execs.
He used the money to buy a Bentley and a garish $1.8 million Mill Basin mansion for his housemate and “intimate companion,” gynecologist Michael Turano.
Not that the cash spigot will be closed while Kruger is doing time: Having resigned from the Senate, he’ll soon be cashing checks from his $60,000-a-year legislative pension.
(This time, for a change, it’ll be legal.)
Kruger’s lawyer, Benjamin Brafman, was not entirely wrong in citing Albany’s longstanding culture of corruption while pleading for mercy for his client.
But the fact that others may have taken more money to betray their constituents’ interests is hardly an argument for mercy.
And Rakoff, to his credit, didn’t buy it.
Yes, the judge noted Kruger’s good works and the fact that he agreed to plead guilty.
But that, he said, had to be balanced against the harm he’d done as Albany’s latest poster boy for political corruption.
In the end, the truest words were spoken by Kruger himself.
“I’m broken, destroyed and disgraced,” he told the judge. “I have no one else to blame. This will haunt me for the rest of my life.”
As well it should.
* § 109. Filing of pari-mutuel tax returns or reports by electronic
means. Every corporation or association authorized by this chapter to
conduct pari-mutuel betting on horse races shall file in a timely manner
pari-mutuel tax returns or other reports relating to such activity in
such form and by such means, including electronic means, as may be
prescribed by the state racing and wagering board or the commissioner of
taxation and finance, as the case may be in accordance with the
provisions of this chapter.
* NB Effective until October 1, 2012
* § 109. Supplementary regulatory powers of the commission.
Notwithstanding any inconsistent provision of law, the commission
through its rules and regulations or in allotting dates for racing,
simulcasting or in licensing race meetings at which pari-mutuel betting
is permitted shall be authorized to:
1. 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,
Palm Sunday and Easter Sunday; and
2. fix minimum and maximum charges for admission at any race meeting.
* NB Effective October 1, 2012Dear 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)? See article from the Wall Street Journal on Calendars below.
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,
Open On 1st Palm Sunday, Otb Rakes In $2m - New York Daily News
articles.nydailynews.com/.../18220335_1_racing-and-wagering-boar...
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.
The Drama of Measuring the Days of Our Lives
· By CARL BIALIK
Humanity's efforts to impose order on time don't always go like clockwork.
There was the Y2K computer-programming fiasco, as the world entered the year 2000. Then there are the seconds that have to be added to the clock occasionally—the next one is in June—to make our definition of a day match the ever-so-slight slowing of the Earth's rotation. And spare a thought for the Swedish couple who married 300 years ago but whose anniversary has never appeared on any calendar.
Sven Hall wed Ellna Jeppsdotter in Ystad, Sweden, on Feb. 30, 1712—a day that existed only because of Protestant Europe's fumbling transition from the Julian calendar system to an approximation of the Gregorian system. Sweden had tried to change gradually before realizing it was out of sync with everyone else, says Bengt Danielson, assistant archival director of the Demographical Database for Southern Sweden. The nation tried to get back in line by adding two leap days to 1712. But it was four decades before Sweden made the wholesale switch from the Julian calendar.
In the centuries since, society has improved its reckoning of time and synchronization of watches across borders. But it continues to use a relatively ancient system for tweaking time by adding leap days—such as next week's Feb. 29—that some astronomers say isn't the ideal mathematical solution to the problem that a year is a bit longer than 365 days. Add in the unpredictable variability in the length of years, and the calendar continues to defy simple computation.
The Numbers Guy blog:
We can only hope that Carl Krueger helps his fellow human being in ways like Jerry did
Jerry Rosenberg, Jailhouse Lawyer, Dies at 72
By SEWELL CHAN
Jerry Rosenberg, who was spared the death penalty for the 1962 murders of two New York City police detectives, and who became a pioneering jailhouse lawyer and a legal adviser for the leaders of the Attica prison uprising in 1971, died on Monday at the Wende Correctional Facility in Alden, N.Y. He was 72, and the state’s longest-serving inmate at his death.Mr. Rosenberg, who was admitted to the prison’s medical unit in 2000, died of natural causes, according to a spokesman for the State Department of Correctional Services, who said he could not provide further details because of privacy rules.
“Of all the jailhouse lawyers, he was the greatest and the best known,” said Ronald L. Kuby, the defense lawyer, whose former law partner, William M. Kunstler, worked closely with Mr. Rosenberg during the Attica uprising. “He came of age in prison before there was widespread access to counsel for post-conviction proceedings.”
Mr. Rosenberg had already served nearly four years in prison for a robbery conviction in Queens when he was arrested and charged with killing two off-duty police detectives, Luke J. Fallon and John P. Finnegan, in a botched robbery of the Boro Park Tobacco Company in Brooklyn on May 18, 1962. It was the first double homicide of New York City police officers in 35 years, and about 1,000 officers were assigned to the manhunt. Mr. Rosenberg turned himself in, on his 25th birthday, at the offices of The Daily News, then on East 42nd Street.
Mr. Rosenberg and an accomplice, Anthony Portelli, were convicted of first-degree murder and sentenced to death. In 1965, the state’s highest court, the Court of Appeals, upheld the convictions but condemned the Police Department for severely beating a witness who testified at the trial. Later that year, Gov. Nelson A. Rockefeller commuted the death sentences, saying that they could not have been imposed under a new law that virtually abolished capital punishment in the state.
Mr. Rosenberg began his prison sentence on Feb. 19, 1963. Another man, James Moore, who began serving a sentence for murder on July 12 of that year, is now the state’s longest-serving inmate, officials said.
Mr. Rosenberg, who always maintained he was not guilty of the killings, studied law through correspondence courses; he received a bachelor’s degree in 1967 from the Blackstone School of Law in Chicago.
Nicknamed Jerry the Jew — “he developed that moniker at a time when it was not politically incorrect,” Mr. Kuby said — Mr. Rosenberg soon became a well-known advocate for fellow inmates. (There is no record that he was ever admitted to the bar.)
During the Attica uprising in September 1971, which resulted in 43 deaths, Mr. Rosenberg was the chief legal adviser for the uprising’s leaders. After the State Police retook the prison, Mr. Rosenberg was transferred to Sing Sing, in Ossining.
Over the years, in various prisons, Mr. Rosenberg worked as a porter and as a substance abuse counselor. From 1996 to 1999, he was a paralegal assistant in the law library at Wende, where he had been held since 1991.
Jerome Rosenberg was born on May 23, 1937. Prison officials said that Mr. Rosenberg had at least two brothers, a wife and a son, but that they were not permitted to identify them and did not know whether any of them was still living. At the time of his arrest in 1962, Mr. Rosenberg was reported to have had a young daughter by a former wife.
Mr. Rosenberg was the subject of a biography by Stephen Bello, “Doing Life: The Extraordinary Saga of America’s Greatest Jailhouse Lawyer,” published by St. Martin’s Press in 1982 and later made into a television movie, starring Tony Danza, in 1986.
In the biography, Mr. Rosenberg is quoted saying that anyone who was to become a lawyer ought to “do some time in jail.”
Kevin McCaffrey Teamsters Local 858 Barry Yomtov Teamsters Local 707
You don't have to go to jail or be a lawyer to know that NY PML Sec 105 /109 does pass
not pass the laugh test and must die in court so that infidels and believer are
free to do as they please before the functionally bankrupt State of New York has
bankrupt counties, more DEAD (NYC OTB) OTBs and more OTBs trying to drop dead, AKA
file for bankruptcy like Suffolk OTB
| Live Racing For further information, please contact: NTRA Communications at (212) 230-9500 E-mail: calendar@ntra.com   |   |
 |
No comments:
Post a Comment