Sunday, November 12, 2017

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paying parking strategies  et al and stll unable to have below court loss legislstively chsnged.

Court of Appeals of New York.

IN RE: SUFFOLK REGIONAL OFF-TRACK BETTING CORPORATION, Appellant-Respondent, v. NEW YORK STATE RACING AND WAGERING BOARD et al., Respondents-Appellants. (And Four Other Related Proceedings.).

    Decided: December 17, 2008

Andrew M. Cuomo, Attorney General, Albany (Victor Paladino, Barbara D. Underwood and Andrea Oser of counsel), for New York State Racing and Wagering Board, respondent-appellant. Bleakley Platt & Schmidt, LLP, White Plains (Frederick J. Martin, Susan E. Galvo and Robert D. Meade of counsel), for Yonkers Racing Corporation, respondent-appellant. Nolan & Heller, LLP, Albany (Richard L. Burstein of counsel), for Saratoga Harness Racing, Inc., respondent-appellant. Marvin Newberg, Monticello, for Monticello Raceway Management, Inc., respondent-appellant. Jaspan Schlesinger Hoffman, LLP, Garden City (Thomas J. Garry and Keith M. Corbett of counsel), for Nassau Regional Off-Track Betting Corporation, appellant-respondent. Michael A. Cardozo, Corporation Counsel, New York City (Susan Choi-Hausman, Pamela Seider Dolgow, Ira H. Block and June R. Buch of counsel), for New York City Off-Track Betting Corporation, appellant-respondent. Powers & Santola, LLP, Albany (Michael J. Hutter of counsel), Neil H. Tiger, Hauppauge, and Stern & Rindner, Goshen (Mark D. Stern of counsel), for Suffolk Regional Off-Track Betting Corporation and others, appellants-respondents.
 OPINION OF THE COURT
At the core of this litigation-with the Off-Track Betting Corporations (OTBs) on one side, and the State Racing and Wagering Board and state harness racing tracks on the other side-are questions of statutory interpretation.   We begin with a brief history of the relevant sections of the Racing, Pari-Mutuel Wagering and Breeding Law and the present controversy.


Thanks for the help. The item’s below. I’d be happy to mail you a copy, if you give me a mailing address.

Claude Solnik
(631) 913-4244
Long Island Business News
2150 Smithtown Ave.
Ronkonkoma, NY 11779-7348 

Home > LI Confidential > Stop scratching on holidays

Stop scratching on holidays
Published: June 1, 2012


 Off Track Betting in New York State has been racing into a crisis called shrinking revenue. Some people have spitballed a solution: Don’t close on holidays.
New York State Racing Law bars racing on Christmas, Easter and Palm Sunday, and the state has ruled OTBs can’t handle action on those days, even though they could easily broadcast races from out of state.
“You should be able to bet whenever you want,” said Jackson Leeds, a Nassau OTB employee who makes an occasional bet. He added some irrefutable logic: “How is the business going to make money if you’re not open to take people’s bets?”
Elias Tsekerides, president of the Federation of Hellenic Societies of Greater New York, said OTB is open on Greek Orthodox Easter and Palm Sunday.
“I don’t want discrimination,” Tsekerides said. “They close for the Catholics, but open for the Greek Orthodox? It’s either open for all or not open.”
OTB officials have said they lose millions by closing on Palm Sunday alone, with tracks such as Gulfstream, Santa Anita, Turf Paradise and Hawthorne running.
One option: OTBs could just stay open and face the consequences. New York City OTB did just that back in 2003. The handle was about $1.5 million – and OTB was fined $5,000.
Easy money.



LONG ISLANDSUFFOLK

Islandia board to propose new village code governing casino

The new law would add “hotel/gaming facility” to permitted uses after court rules against video lottery casino operating in the village.


Patrons play the machines at Jake's 58 hotel
Patrons play the machines at Jake's 58 hotel video lottery casino in Islandia on Feb. 27, 2017. Photo Credit: Barry Sloan 
By Christine Chung christine.chung@newsday.com   @chrisychung 
SEE COMMENTS 
The village of Islandia has called a special board of trustees meeting for Monday afternoon to introduce a local law related to the Suffolk OTB video-lottery casino at Jake’s 58 hotel.
The proposed law would amend the village code to include a “hotel/gaming facility” as a permitted use in the village’s office and industrial district, according to a notice posted on the village website last Friday.
The meeting comes after a Sept. 8 state Supreme Court ruling that the village acted improperly when it granted the casino’s permit as an accessory use of the hotel. No other Long Island hotels house casinos, according to the ruling. 


Jake’s 58, Long Island’s first and only casino, has 1,000 terminals, the state’s maximum, in about 40,000 square feet that previously was the Islandia Marriott Long Island hotel. It was purchased by Buffalo-based Delaware North last year. In August 2016, the village approved plans for the casino and it opened in February.
Suffolk OTB officials have said that the casino was integral to helping the bankrupt agency pay off about $15 million in debt. Recent monthly revenue has surpassed $200 million. 
The future of the casino on the Long Island Expressway north service road, which opened in February, is uncertain. Opponents including residents and local civic groups sued last year over the special permit granted by the village. The casino remains open pending the village’s appeal of the court ruling.
The proposed law would also clearly define “game room” and “hotel/gaming facility” and set parking requirements for that use.
A full copy of the local law was not available. Mayor Allan M. Dorman could not be reached for comment on Sunday afternoon. Village Attorney Joseph Prokop on Sunday declined to comment on whether the proposed local law was related to the village’s appeal.
Paul Sabatino, a Huntington Station-based attorney representing casino opponents, said Sunday that it was unclear what the village board intends to achieve with this local law. If its goal is to influence the appellate decision, it is a “crazy and desperate” action, he said.
“They can’t overturn the decision by passing another local law,” Sabatino said. “It certainly looks like they are trying to cut some legal corners.”



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