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NEW YORK DAILY NEWS
 
Sunday, April 13, 2003, 12:00 AM




Bucking the law, New York City Off-Track Betting will be open today, Palm Sunday, accepting wagering from out-of-state tracks. The current state law, passed in 1973 when Sunday racing was instituted, forbids race tracks from opening on Palm Sunday and Easter Sunday. According to Stacy Clifford of the New York State Racing and Wagering Board, the board decided that NYCOTB fell under the category of a "race track" and notified NYCOTB on Friday that it cannot open. Nevertheless, a NYCOTB spokesman said, "We believe we are operating under the letter of the law.
" Sources suggested OTB was adding Palm Sunday to its calendar because the weather over the winter was so bad that it cut back on revenue. NYCOTB said it intended to open selected branches, most restaurants, and teletheaters and phone wagering will be available. The races will also be shown on Ch. 71. All OTB employees were told to listen to WOR radio, 710-AM, today between 6 a.
m. and 9 a.
m. to confirm that the parlors are indeed open. Clifford said that if the OTBs did indeed open today, the racing and wagering board would meet and determine the maximum fine and penalty it can punish NYCOTB with. Congaree's Carter: Trainer Bob Baffert may have lost most of his top Kentucky Derby contenders this year but he still has one of the top older handicap stars in Congaree, who easily won yesterday's Grade I Carter Handicap by 3 1/2 lengths. Dueling with last year's Carter Handicap winner Affirmed Success, Congaree begin to edge away turning for home and had plenty left to record his 10th win from 18 starts. The Carter also marked the third Grade I victory in the career of Congaree. His other two were the 2001 Swaps and the 2002 Cigar Mile. Congaree paid $3.
60 to win after running the seven furlongs in 1:21.
48. Earlier on the card, Halo Homewrecker ran down Don Six by a length to win the Grade III Bay Shore Stakes. Reminder: Aqueduct will be closed today and will resume live racing on Wednesday. . Apprentice jockey Luis Castillo will begin serving a 10-day suspension for careless riding today. Yesterday's Kentucky Derby preps: Wood Memorial: Empire Maker won by only a half-length despite racing three-wide throughout. The margin could easily have been more as jockey Jerry Bailey was just hand riding the long-striding 3-year-old until very late when Empire Maker lugged in slightly. Distance is no question for this one. A serious Triple Crown threat. Blue Grass Stakes: Trainer Bobby Frankel is loaded after Peace Rules led them wire-to-wire. The final time was the slowest in 15 years and Frankel admitted he is concerned about the colt's ability to handle the mile-and-a-quarter Derby distance. Arkansas Derby: Going into yesterday's race it was considered the most open prep and so it became as longshot Sir Cherokee lit up the board, closing off the fast pace. Eugene's Third Son ran a strong race involved from the start before wilting late. Forget the rest. Yesterday's plays: We cashed for $22.
80 on the exacta but lost the Big 3 Pick 3. Dropped $17.
20 on the day and $39.
20 for the week.
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