In the Matter of Jule Fink, against Ashley T. Cole, Constituting the Racing Commission of the State of New York…

Summary

The New York Court of Appeals held that the delegation of the state’s licensing power over horse racing to the private Jockey Club violated the New York Constitution’s separation of powers. The statute authorizing the Jockey Club to issue and revoke licenses was declared unconstitutional, and the Appellate Division’s orders affirming the joint board’s determinations were reversed. The court noted that even delegation to a governmental agency would be invalid without proper standards. No separate opinions were filed.