Friday, August 30, 2019

breach of fiduciary duty by nassau otb oard of directors

and joseph g cairo nassau otb presient

1.  pml sec 109 is presumed valid

2   nassau otb has one cashier thatis a member of the orthodox church

3 ny const art 1 sec 3 is presumed valid

4 nassau otb is ostensibly  in business to make a little money and when tracks are running outside the state of new york that betors want to bet nassau otb makes no money by being closed


5 if nassau otb has a legal opinion on why it should not be open to setve bettors let it be produced

see below for historical background  and reference to the legal opinion of ira block




https://www.nydailynews.com/archives/sports/open-1st-palm-sunday-otb-rakes-2m-article-1.659016



https://www.nydailynews.com/archives/sports/open-1st-palm-sunday-otb-rakes-2m-article-1.659016


Claude Solnik
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.


  METRO

Nassau GOP chair intends to collect fat paychecks for 3 jobs

On the heels of pay-to-play corruption scandals that have tarnished the Long Island GOP, the Nassau County Republic Party has elected a one-time disbarred lawyer to be its new leader — and the retirement-age politico intends to collect fat paychecks from three different jobs simultaneously.
Joseph Cairo, 72, the new chairman of the Nassau County Republican Party, is also head of the Nassau County Off-Track Betting Corporation. He’s paid $198,000 at OTB.
The long-time No. 2 to former Nassau GOP boss Joe Mondello had his law license yanked in the 1990s for misusing client funds. His license was reinstated and the politically-connected lawyer now has an established law practice, GOP sources said.
He also has not ruled out collecting a third paycheck from the Nassau GOP.
Mondello, his predecessor, made more than $250,000 last year as GOP boss, and pulled in $1.5 million from his private law practice and real estate investments, records filed with the government show.
At one time, Mondello also simultaneously headed the Nassau GOP and OTB.
Cairo’s law office is in Valley Stream, his OTB’s corporate office is in Mineola and Nassau GOP headquarters is in Westbury.
A Post reporter found him at GOP headquarters.
Cairo said he was not relinquishing his OTB executive job or suspending his law practice after taking the reins of the GOP.
“I’ve been at OTB. This is a crucial time at OTB with possibly sports gambling coming so we’re deeply involved with that there now,” Cairo said.
“This is a political position. My attorneys tell me there is no conflict and I think having a position in a political party is such that it’s been done in the past by people on both sides of the aisle. And I think it’s currently done, too, in some other counties — their elected officials are also party chairmen,” he said.
But watchdogs have long complained that allowing people to simultaneously hold top positions in government and party leadership opens the door to conflicts of interests and potential corruption.
“It’s business as usual. This is an example of the rotten political system in Nassau County,” said George Marlin, who formerly served on the Nassau County Interim Finance Authority, a state agency set up to monitor the county’s shaky finances.
Marlin said the multiple paid gigs for Cairo is remarkable, especially after the Nassau Republicans lost the county executive’s race and the Town of Hempstead supervisor’s race last year amid concerns over corruption.
“They’ve learned nothing,” Marlin said. “They don’t care.”
Cairo chalked up the suspension of his law license to a mistake from the distant past.
“I think that’s something that happened — it was earlier than ‘95, that’s 25 years ago, and I think people who know me know the type of person I am,” he said.
With that, Cairo grabbed a suit jacket from a parked black Cadillac before jumping into the passenger seat of a Jaguar driven by a friend.
Cairo is right about one thing. On Long Island particularly, politicians simultaneously collecting hefty paychecks from top government and political party posts is a time-honored tradition.
The Post reported last week that Rich Schaffer is drawing down a combined $350,000 from three paychecks as head of the Suffolk County Democratic Party, as the full-time Town of Babylon Supervisor and from a law practice that includes representing plumbing contractors.
The cozy arrangements come at a time when Long Island Republican Party politicians have been rocked by corruption scandals. Those ensnared for shady dealing include former state Senate Majority Leader Dean Skelos, former Nassau County Executive Ed Mangano and ex-Oyster Bay Town Supervisor John Venditto.
But Long Island Democrats have their scandals, too.
Gerard Terry, the former North Hempstead Democratic Party chairman, was convicted of tax evasion for failing to report his income that included payments from legal services provided to eight different local government agencies.
New Nassau County Executive Laura Curran, a Democrat who won the election on anti-corruption platform last year, passed executive orders barring county government officials from holding party positions or from accepting gifts.
New York City has a law that bars top government officials from serving as party bosses, following the municipal corruption scandals of the 1980s.

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