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

56 A.D.3d 1027 (2008)

In the Matter of CATSKILL REGIONAL OFF-TRACK BETTING CORPORATION, Appellant, v. NEW YORK STATE RACING AND WAGERING BOARD et al., Respondents.

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

November 20, 2008.

LAHTINEN, J.

The issue before us is whether petitioner's CPLR article 78 proceeding was commenced in a timely fashion. Respondent Tioga Downs Racetrack, LLC owns a horse track in Tioga County that is operated by respondent Nevada Gold-Tioga Downs, Inc. (hereinafter NGTD). NGTD applied to respondent New York State Racing and Wagering Board (hereinafter Board) for a license to operate the track with para-mutuel wagering, and for a license to receive simulcasts from...

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