Tuesday, May 15, 2012

mcuomo@willkie.com

Dear Mario M. Cuomo Esq.:

  I seek your assistance in seeing that the rights of the bettors of New York State secured by  NY Const. Art. 1, Sec. 3 are not abridged by NY PML Sec 105 and/or Sec 109.


* §  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, 2012
The following arguments are made based upon those made by Counsel for New York City OTB years ago.
1. NY PML Sec 105 and Sec 109 do not apply to Nassau OTB,.
2. NY PML Sec 105 and Sec 109 violate the rights of New York State Bettors secured by NY Const. Art. 1, Sec. 3.
3. NY PML Sec 105 and Sec 109 are  not constitutionally defensible.
4. NY PML Sec 105 and Sec 109 are vague, indefinite and/or overly broad as the term Easter Sunday and Palm Sunday does not define one and only one Sunday in all  years  eg 2012. See the Gregorian and Julian Calendars.

You can buy a New York Lottery ticket to be drawn every day of the year. Nassau OTB sells and cashes New York State Lottery tickets.
You can play the slot machines at Aqueduct every day of the year.
You can chose to take vacation any day of the year that you chose not to work at Nassau OTB. You are paid straight time for vacation and time and a half for working on any Sunday.

Tracks run all across the United States that New York Bettors want to bet. Nassau OTB should be open every day of the year.

This simple legal matter may be resolved by a requestor with standing obtaining the Opinion of the New York State Attorney General. Surely the Governor in seeing that NY PML Sec 105/ Sec 109 is faifthfully carried out would be well served by the Opinion of the Attorney General.




Sincerely yours,
May 15, 2012




2012 Federal Holidays

2012 Federal Holidays. ... or Sunday -- the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday).
2011 Federal Holidays - 2013 Federal Holidays - 2001 - 2010 Federal Holidays







Open On 1st Palm Sunday, Otb Rakes In $2m

New York City Off-Track Betting made history yesterday, taking bets on Palm Sunday.
Since 1973, when Sunday racing was made legal in New York State, race tracks have been allowed to operate every Sunday except for Palm Sunday and Easter Sunday.
While Aqueduct kept its doors shut, NYCOTB had its betting parlors open despite a letter from the New York State Racing and Wagering Board stating that it couldn't do so.
"We're not a race track," NYCOTB president Ray Casey said. "OTB's business is a simulcasting business."
Bettors responded by wagering an estimated $2 million yesterday on tracks from around the country, including Keeneland in Kentucky and Gulfstream Park in Florida.

note: NYC OTB employees were paid double time for working on any Sunday before NYC OTB went bankrupt.

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