Opinion
January 17, 1962
Present — Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ. [ 30 Misc.2d 983.]
This is an appeal from a judgment in the Court of Claims which dismissed the claim as a matter of law. The claimant went to the Jamaica Race Track on April 18, 1959 where during the course of the afternoon he purchased two $10 win pari-mutuel tickets on a horse known as "Manassa Mauler". The horse won the race and as a result the two tickets were worth $1,295. The claimant by mistake destroyed the tickets but thereafter made claim for the proceeds and it was established, among other facts, that there remained unpaid the proceeds from two $10 win tickets. We find it unnecessary to determine the application of section 322 of the Civil Practice Act (admission as to facts) but if for the purpose of this action we assume all the facts to be admitted, we find as a matter of law that the claimant is not entitled to recover against the State. Section 5 of the Pari-Mutuel Revenue Law (L. 1940, ch. 254, as amd.) states in part "upon presentation of winning tickets"; section 6 states "winning patrons"; section 7 (subd. 2) states "all winning pari-mutuel tickets must be presented for payment"; section 9 (subd. 1) states "holders of winning tickets therein, provided such tickets be presented for payment"; section 13 is headed "Disposition of unpaid money due on account of pari-mutuel tickets not presented." From the relevant language of the statutes quoted it is evident that it was the intent of the Legislature that any payment resulting from pari-mutuel betting was conditioned upon the presentation of a ticket. Gambling in New York State is prohibited by the Constitution except for the amendment which permits parimutuel betting and this law should be strictly enforced. There being no way of collecting winning proceeds without the presentation of the all important ticket, the claim must be dismissed. Judgment of the Court of Claims unanimously affirmed, without costs.