IN THE MATTER OF THE NEW JERSEY RACING COMMISSION APPROVING THE APPLICATION OF THE NEW JERSEY THOROUGHBREAD HORSEMEN'S ASSOCIATION, INC. FOR A PILOT PROGRAM LICENSE AT JAMIE'S CIGAR BAR AND RESTAURANT

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SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0

IN THE MATTER OF THE NEW

JERSEY RACING COMMISSION

APPROVING THE APPLICATION

OF THE NEW JERSEY

THOROUGHBREAD HORSEMEN'S

ASSOCIATION, INC. FOR A

PILOT PROGRAM LICENSE AT

JAMIE'S CIGAR BAR AND RESTAURANT

____________________________________

January 17, 2017

 

Argued January 10, 2017 - Decided

Before Judges Reisner and Sumners.

On appeal from the New Jersey Racing Commission.

Cristin M. Boyle argued the cause for appellants Freehold Raceway Off Track, LLC and ACRA Turf Club, LLC (Riker Danzig Scherer Hyland & Perretti, attorneys; John M. Pellecchia, of counsel; Mr. Pellecchia, Kellen F. Murphy and Ms. Boyle, on the brief).

George N. Cohen, Deputy Attorney General, argued the cause for respondent New Jersey Racing Commission (Christopher S. Porrino, Attorney General, attorney; Melissa Dutton Schaffer, Assistant Attorney General, of counsel; Mr. Cohen, on the brief).

Christina Vassiliou Harvey argued the cause for respondent New Jersey Thoroughbred Horsemen's Association, Inc. (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Michael D. Schottland, of counsel; Mr. Schottland and Ms. Vassiliou Harvey, on the brief).

PER CURIAM

Appellants ACRA Turf Club, LLC and Freehold Raceway Off Track, LLC appeal from a June 5, 2015 Final Determination and Order issued by the New Jersey Racing Commission, granting respondent New Jersey Thoroughbred Horsemen's Association, Inc. (Association), a pilot program license to establish an electronic wagering terminal at a cigar bar in Clifton. See N.J.S.A. 5:5-186 (authorizing the pilot program).

Less than a week before the oral argument of this appeal, the Commission's attorney advised us that the license had expired on June 18, 2016, information which the parties should have brought to our attention more promptly.1 We do not ordinarily decide moot issues and find no basis to do so here. See Oxfeld v. N.J. State Bd. of Educ., 68 N.J. 301, 304 (1975). Accordingly, we dismiss the appeal as moot.

Dismissed.

1 At oral argument, the Association's counsel also advised us that the Association has now applied to renew the license. The renewal process provides all sides an opportunity to create a more complete record, which may satisfy some or all of the concerns raised on this appeal.


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