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HORSEMEN'S ASS'N v. RACING COM'N

251 N.J. Super. 589 (1991)

598 A.2d 1243

NEW JERSEY DIVISION, HORSEMEN'S BENEVOLENT PROTECTIVE ASSOCIATION AND MARTIN FALLON, PETITIONERS-RESPONDENTS, v. NEW JERSEY RACING COMMISSION, RESPONDENT. NEW JERSEY THOROUGHBRED HORSEMAN'S BENEVOLENT ASSOCIATION, INC., A NEW JERSEY NON-PROFIT CORPORATION; JAMES P. MURPHY; PATRICK L. BOTTAZZI; SUE DOLLINGER; JOHN FIERAMOSCA; EDWARD H. BARNEY; JOHN DESTEPHANO, ROBERT J. DURSO; MEL W. GROSS; AND LOUIS F. JOLIN, PLAINTIFFS-APPELLANTS, v. NEW JERSEY DIVISION, HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, INC.; HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, INC., A KENTUCKY CORPORATION; DEFENDANTS-RESPONDENTS, AND NEW JERSEY RACING COMMISSION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 1991.

Attorney(s) appearing for the Case

Joseph Maddaloni, Jr. argued the cause for New Jersey Division, Horsemen's Benevolent & Protective Association, Inc., and Horsemen's Benevolent & Protective Association, Inc. (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; David J. Sheehan and Joseph Maddaloni, Jr. on the brief and reply brief).

Kenneth L. Winters argued the cause for New Jersey Thoroughbred Horseman's Benevolent Association, Inc. (Carella, Byrne, Bain, Gilfillan, Cecchi & Stewart, attorneys; Kenneth L. Winters on the brief and reply brief).

Sherrie L. Gibble, Deputy Attorney General, argued the cause for New Jersey Racing Commission (Robert J. Del Tufo, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Sherrie L. Gibble on the brief).

Before Judges PRESSLER, SHEBELL and D'ANNUNZIO.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

These consolidated appeals, which arise out of internecine conflict among the horsemen of this state respecting the control and management of funds statutorily allocated for horsemen's benevolence programs (Fund), raise important questions concerning the scope of the adjudicatory power of the New Jersey Racing Commission over the use of the Fund.

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