Roosevelt Raceway, Inc. v. Monaghan
| Decision Date | 18 May 1961 |
| Citation | 218 N.Y.S.2d 48,9 N.Y.2d 966 |
| Parties | , 176 N.E.2d 502 Application of ROOSEVELT RACEWAY, INC., Respondent, For an Order, v. George P. MONAGHAN, as Commissioner of Harness Racing, and constituting the State Harness Racing Commission, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 11 A.D.2d 206, 202 N.Y.S.2d 646.
Proceeding on a motion by harness race track to compel the State Harness Racing Commission to correct its records and to grant certain financial credits to the track.
The Supreme Court, Special Term, New York County, Arthur Markewich, J., 22 Misc.2d 776, 199 N.Y.S.2d 195, entered an order granting petitioner relief, and the Commissioner of Harness Racing appealed.
The Appellate Division of the Supreme Court in the First Judicial Department, 11 A.D.2d 206, 202 N.Y.S.2d 646, affirmed by divided court. The Commissioner appealed.
The Court of Appeals, Fuld, J., 9 N.Y.2d 293, 213 N.Y.S.2d 729, held that the 1959 amendment designed to increase tax imposed upon harness tracks by providing that reimbursement of expenditures for improvements would continue only until cost of construction had been repaid and that there would be no reimbursement of or credit for federal taxes is not invalid as an unconstitutional impairment of a contract obligation and that the state did not breach any agreement with the track to maintain its state tax at the level provided for in 1956, and reversed the order of the Appellate Division and dismissed the petition. Desmond, C. J., and Froessel and Burke, JJ., dissented.
A motion to amend the remittitur was filed.
Motion to amend the remittitur denied upon the ground that the matters passed upon are adequately set forth in the Court's opinions.
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People v. Acme Markets, Inc.
... ... Town of Somers, 4 N.Y.2d 215, 177 N.Y.S.2d 704, 149 N.E.2d 869; Matter of Roosevelt Raceway v. Monaghan, 9 N.Y.2d 293, 218 N.Y.S.2d 48, 176 N.E.2d 502, app. dsmd. 368 U.S. 12, 82 ... ...