Legal sharks looking to feed
NY PML Sec 109 is:
1 unconstiutional, see NY Const Art 1 Sec 3
2 does not apply to Nassau OTB. when you walk into nassau otb to bet an out of state track, you are betting in NY, but the race is outside NY. The statute does not apply.
3 is vague, indefinite, and or overly broad. note I work with two members of the Orthodox Curch as well as many Roman Catholics, and several others.
Nassau OTB sells and cashes NY Lottery tickets. The NY State Lottery operates e ery day of the year.
Perhaps you know an attorney or others with an interest in such things?
I do not know if there may be an attorneys fee statute that would cover such a case.
The case has excellent publicity potential. A favorite California track of NY bettors has run on Roman Catholic Easter Sunday. Th case is meritorious.See NY daily News Article below addressing a statute prior to NY PML Sec 109. NYC OTB went bankrupt about ten years ago.
Sincerely yours,
believer in ny const art 1 sec 3
take BCG as prophylatic or treatment for virus
Sunday, April 12, 2020
Track Code Track Name Entry Scratch 1st Post
ET 1st Post
Local Time
Zone Stakes Race(s) Stakes Grade T.V.
Indicator SA SANTA ANITA PARK 72 48 3:00 PM 12:00 PM PDT SUN SUNLAND PARK 168 24 2:30 PM 12:30 PM MDT Mt. Cristo Rey H. TAM TAMPA BAY DOWNS 72 0 12:35 PM
NY PML Sec 109 is:
1 unconstiutional, see NY Const Art 1 Sec 3
2 does not apply to Nassau OTB. when you walk into nassau otb to bet an out of state track, you are betting in NY, but the race is outside NY. The statute does not apply.
3 is vague, indefinite, and or overly broad. note I work with two members of the Orthodox Curch as well as many Roman Catholics, and several others.
Nassau OTB sells and cashes NY Lottery tickets. The NY State Lottery operates e ery day of the year.
Perhaps you know an attorney or others with an interest in such things?
I do not know if there may be an attorneys fee statute that would cover such a case.
The case has excellent publicity potential. A favorite California track of NY bettors has run on Roman Catholic Easter Sunday. Th case is meritorious.See NY daily News Article below addressing a statute prior to NY PML Sec 109. NYC OTB went bankrupt about ten years ago.
Sincerely yours,
Sunday, April 12, 2020
| Track Code | Track Name | Entry | Scratch | 1st Post ET | 1st Post Local | Time Zone | Stakes Race(s) | Stakes Grade | T.V. Indicator |
|---|---|---|---|---|---|---|---|---|---|
| SA | SANTA ANITA PARK | 72 | 48 | 3:00 PM | 12:00 PM | PDT | |||
| SUN | SUNLAND PARK | 168 | 24 | 2:30 PM | 12:30 PM | MDT | Mt. Cristo Rey H. | ||
| TAM | TAMPA BAY DOWNS | 72 | 0 | 12:35 PM |
https://www.nydailynews.com/archives/sports/open-1st-palm-sunday-otb-rakes-2m-article-1.659016
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. While in the past NYCOTB has respected the law and shut down on Palm Sunday, it took a chance this time because its business is down. "With the weather being the way it's been our handle has been off significantly," Casey said. "Our lawyers felt from their point of view that we could open (yesterday).
" The law says race tracks can't open. It doesn't mention OTBs. "I respect the Racing and Wagering Board and I have the utmost respect for chairman Michael Hoblock but I felt we're right on this one," Casey said. The NYSRWB didn't return phone calls yesterday but said on Saturday it would meet this week to discuss fines and penalties it can impose on NYCOTB. "This isn't personal," Casey said. "I just didn't agree with the board's interpretation.
" Casey also said NYCOTB may open on Easter Sunday.
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
Long Island Business News
2150 Smithtown Ave.
Ronkonkoma, NY 11779-7348
Home > LI Confidential > Stop scratching on holidays
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. While in the past NYCOTB has respected the law and shut down on Palm Sunday, it took a chance this time because its business is down. "With the weather being the way it's been our handle has been off significantly," Casey said. "Our lawyers felt from their point of view that we could open (yesterday).
" The law says race tracks can't open. It doesn't mention OTBs. "I respect the Racing and Wagering Board and I have the utmost respect for chairman Michael Hoblock but I felt we're right on this one," Casey said. The NYSRWB didn't return phone calls yesterday but said on Saturday it would meet this week to discuss fines and penalties it can impose on NYCOTB. "This isn't personal," Casey said. "I just didn't agree with the board's interpretation.
" Casey also said NYCOTB may open on Easter Sunday.
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
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.
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.
off New York’s COVID-19 pandemic
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A new bill, which zoomed through two Assembly committees last week, would let trial lawyers sue insurers based on vaguely defined "bad faith" claims and provide fat rewards if they prevail.Shutterstock
New York trial lawyers, and the lawmakers who drool for their donations, see a fresh chance to cash in big on the coronavirus crisis with two horrific pro-lawsuit bills slithering through the Legislature that would wallop taxpayers, businesses and consumers.
One bill, which zoomed through two Assembly committees last week, would let private lawyers sue insurers based on vaguely defined “bad faith” claims and provide fat rewards if they prevail. It also invites third-party plaintiffs to sue.
That opens the doors to “every kind of damages that one could think of,” warns the American Property Casualty Insurance Association. The bill would also force insurers to pay the plaintiff attorneys’ fees and other costs.
This would lead to a mad rush of new cases — that’s the point. And because the bill contains no safeguards against meritless suits, insurers might simply pay bogus claims or bump up payouts just to avoid expensive lawsuits that risk costing them even more.
Indeed, “every two-bit lawyer will tack on one of these lawsuits to every insurance claim,” predicts Tom Stebbins of the Lawsuit Reform Alliance.
Don’t think insurers alone will bear the extra tab: They’ll pass most of the costs on to the people and businesses they insure — in the form of higher premiums. Opponents cite research projecting a jump of at least $7 billion a year.
A similar third-party bad-faith law in Florida boosted bodily-injury costs 30 percent. In California, following a court ruling allowing such suits, premiums rose by between 32 percent and 53 percent.
And the hit would come at a time when many New Yorkers are already suffering under the COVID-socked economy.
Meanwhile, policyholders who feel cheated by insurers already have the right to file claims with the state’s Financial Services commissioner.
The other bill’s just as bad: It would make it easier to target government agencies in class-action lawsuits — in which lawyers truly clean up — and boost allowable awards. With state and local tax revenues ravaged by the pandemic, this will mean new tax hikes or service cuts, or both.
If either of these bills passes, Gov. Cuomo will surely veto it pronto — if, that is, he puts the interests of average New Yorkers over those of greedy lawyers.
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