Catskill Regional Off-Track Betting Corp. v. New York State Racing & Wagering Board

Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered April 16, 1999, which granted petitioner off-track betting corporation’s application to annul a fine imposed by respondent New York State Racing and Wagering Board, unanimously affirmed, without costs.

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 NY2d 648, 652). We reject respondent’s argument that such…