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CATSKILL REGIONAL OFF-TRACK BETTING CORPORATION v. NEW YORK STATE RACING AND WAGERING BOARD

276 A.D.2d 379 (2000)

714 N.Y.S.2d 70

CATSKILL REGIONAL OFF-TRACK BETTING CORPORATION, Respondent, v. NEW YORK STATE RACING AND WAGERING BOARD et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 19, 2000.

The fine was properly annulled because imposed for a violation of Racing, Pari-Mutuel Wagering and Breeding Law, article V-a, § 527, for which violation no authority to impose a fine can be found in the statute (see, Matter of Nostima Foods v State Liq. Auth., 71 N.Y.2d 648, 652). We reject respondent's argument that such authority can be found in article X, section 1005, which, in...

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