IN RE: SUFFOLK REGIONAL OFF-TRACK BETTING CORPORATION
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
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.
Prior to 1970, New York permitted wagering on horse racing only at its thoroughbred and harness tracks, leaving (as Supreme Court observed) “a lucrative and illegal niche for local b
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