Citation Numbers: 41 Misc. 2d 230
Judges: Gold
Filed Date: 10/22/1963
Status: Precedential
Modified Date: 2/5/2022
This is a motion by John H. Young, III, a citizen of the State and a duly enrolled voter in this city, for a temporary injunction restraining the submission to the voters on Election Day, for purposes of a referendum, of a local law authorizing the appointment of a committee to formulate a plan for the conduct of off-track, pari-mutuel betting on horse races. The action is brought by Young against the Mayor and the Board of Elections of the City of New York. The details of said local law are referred to in the memorandum filed in connection with the determination of a motion for similar relief made by one Kupferman and decided simultaneously herewith (41 Misc 2d 124).*
Young contends that the local law is void because under the State Constitution only the State Legislature may authorize pari-mutuel betting on horse races (art. I, § 9). This contention is, however, inapplicable here, for the local law does not purport to permit off-track, pari-mutuel betting on horse races. It does no more than create a committee to formulate a plan for the conduct of such betting, whose report shall include “ recommendations with respect to enactment of legislation”, authorizing such betting. The “legislation” referred to is
Petitioner also argues that the “local law” is not a law at all. This contention is sufficiently answered by pointing out that the “ local law”, inter alia, authorizes appropriations by the Mayor without compliance with section 124 of the charter. This may be legally accomplished only by the adoption of a local law.
The motion for injunctive relief is denied.