Hyperlawhypertext legal databasebeta Church of Ascension v. New York State Racing & Wagering Board 46 N.Y.2d 776

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Church of Ascension v. New York State Racing & Wagering Board

46 N.Y.2d 776 Court N.Y. Decision date 1978-12-20 English

Contents

Majority

p. 776
Church of the Ascension et al., Respondents, v New York State Racing and Wagering Board et al., Appellants, et al., Respondent.
Argued November 30, 1978;
decided December 20, 1978
p. 777
APPEARANCES OF COUNSEL
Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), for New York State Racing and Wagering Board, appellant.
Ira M. Relfer, Mark A. Bogart and Abraham Weinstein for Belfran Industries, appellant.
Bernard Perlman for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Both the determination of the Bingo Control Commission granting respondents leave to file notices of appeal nunc pro tunc and the determination of the Racing and Wagering Board vacating that order were made while the Bingo Control Commission was vested with the authority to regulate the game of bingo. The State Purposes Appropriation Bill (L 1975, ch 50) neither abolished the Bingo Control Commission, nor transferred its authority to the Racing and Wagering Board. (Cf. Ball v State of New York, 41 NY2d 617 , 625.) Accordingly, the Racing and Wagering Board had no authority to vacate the order of the Bingo Control Commission granting respondents leave to file notices of appeal nunc pro tunc. We note, however, as did the Appellate Division, that inasmuch as the propriety of the order of the Bingo Control Commission is not before us on this appeal, we express no opinion on this issue.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in a memorandum.

p. 778
Order affirmed.