Opinion
June 26, 1995
Appeal from the Supreme Court, Orange County (Silverman, J.).
Ordered that the order is reversed, on the law, with costs, the plaintiff's cross motion is denied, the defendant's motion to dismiss the complaint is granted, and the complaint is dismissed.
The plaintiff's service of a notice of claim upon the New York State Racing and Wagering Board did not constitute service of a notice of claim upon the appellant, Catskill Regional Off-Track Betting Corporation. The appellant is a regional off-track betting corporation created pursuant to Racing, Pari-Mutuel Wagering and Breeding Law article V, and is a separate and distinct entity from the New York State Racing and Wagering Board (see, Racing, Pari-Mutuel Wagering and Breeding Law § 501, [3]; § 502 [1]; § 503 [1]). Since no notice of claim was served upon the appellant, the complaint should have been dismissed (see, Racing, Pari-Mutuel Wagering and Breeding Law § 514, [5]; Broadmeadow Lanes v. Catskill Regional Off-Track Betting Corp., 151 A.D.2d 631; Campbell v. City of New York, 203 A.D.2d 504; Adams v. New York City Tr. Auth., 140 A.D.2d 572). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.