Matter of Rothdiener v State of N.Y. Racing & Wagering Bd.
2009 NY Slip Op 08375 [67 AD3d 1421]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


In the Matter of Thomas E. Rothdiener et al., Appellants, v State of New York Racing and Wagering Board, Respondent.

—[*1] Gustave J. De Traglia, Jr., Utica, for petitioners-appellants.

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondent-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered January 27, 2009. The order and judgment denied the petition and confirmed the arbitration award.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Hurlbutt, Martoche, Centra and Peradotto, JJ.