MINUTES NEW YORK STATE RACING AND WAGERING BOARD MEETING OF JANUARY 28, 2010

A meeting of the New York State Racing and Wagering Board was held on Tuesday, January 28, 2010 at 11:00 a.m. at the Racing & Wagering Board’s Schenectady Office located at 1 Broadway Center, Suite 600, Schenectady, New York.

The meeting was called to order at 11:05 a.m.

In Attendance Were: John D. Sabini, Chairman Daniel D. Hogan, Member John B. Simoni, Member Ronald G. Ochrym, Executive Director Robert Feuerstein, General Counsel Joseph Lynch, Director of Racing Operations Thomas Casaregola, Audits & Investigations Gail Pronti, Secretary to the Board

Also in Attendance Were: Kenneth Council, Director of Administration Joseph Mahoney, NYSR&WB Kristen Buckley, NYSR&WB Vivian Davis, NYSR&WB John Googas, NYSR&WB Rick Goodell, NYSR&WB William Sekellick, NYSR&WB James Kellogg, NYSR&WB Stacy Harvey, NYSR&WB James Crane, Crane, Parente James Gallagher, NYTHA

OPEN COMMENT PERIOD: No comments were made.

A. The Board approved the minutes of the Board meeting held on December 15, 2009.

B. ITEMS PREVIOUSLY APPROVED OR DEFERRED BY THE CHAIR

1. BUFFALO RACEWAY – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the Buffalo Trotting Association Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from December 12 through December 31, 2009.

2. BUFFALO RACEWAY – IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Buffalo Trotting Association Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from January 1 through May 2, 2010.

3. For entry into the minutes, on December 24, 2009, the New York State Racing and Wagering Board approved an amendment to the Buffalo Trotting Association Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Hawthorne Race Course, Illinois through December 31, 2010 2. Fair Grounds Race Course, Louisiana from December 26, 2009 through March 28, 2010 3. Los Angeles Turf Club at Santa Anita Park, California, from December 26, 2009 through April 18, 2010.

4. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Buffalo Trotting Association Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Woodbine Entertainment Group ( and Mohawk Raceway), Ontario, Canada through December 31, 2010.

5. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Buffalo Trotting Association Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Monticello Raceway, New York through December 31, 2010 2. The New York Racing Association, Inc., New York through December 31, 2010.

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6. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Buffalo Trotting Association Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Dover Downs, Inc., Delaware through April 15, 2010 2. NJSEA (Meadowlands-Harness), New Jersey through December 31, 2010 3. Northfield Park, Ohio through December 31, 2010.

7. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved an amendment to the Buffalo Trotting Association Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Yonkers Raceway, New York through December 31, 2010.

8. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved an amendment to the Buffalo Trotting Association Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Gulfstream Park, Florida from January 3 through April 24, 2010 2. Laurel Park, Maryland through April 11, 2010 3. The Meadows, Pennsylvania through June 30, 2010 4. Freehold Raceway, New Jersey through January 31, 2010 5. Penn National Race Course, Pennsylvania through December 31, 2010.

9. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the Buffalo Trotting Association Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Oaklawn Park, Arkansas from January 15 through April 10, 2010 2. Charles Town Races, West Virginia through December 31, 2010.

10. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the Buffalo Trotting Association Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Turfway Park LLC (Winter/Spring Meet), Kentucky through March 28, 2010.

11. BUFFALO RACEWAY – EXPORT TO VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to:

1. Lewiston Raceways, Inc. (with five [5] secondary sites), Maine 2. NJSEA (Meadowlands & Monmouth), New Jersey 3. Northfield Park, Ohio.

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12. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved Buffalo Trotting Association, Inc.’s request to simulcast its standardbred racing programs for wagering purposes during 2010 to:

1. Capital District Off-Track Betting Corporation, New York 2. Western Regional Off-Track Betting Corporation, New York 3. Batavia Downs, New York 4. Saratoga Gaming and Raceway, New York.

13. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its standardbred racing programs for wagering purposes from January 15 through July 25, 2010 to:

1. Ocean Downs, (with one [1] secondary site), Maryland 2. Indiana Downs (with two [2] secondary sites), Indiana 3. Beulah Park, Ohio 4. Mohegan Sun at Pocono Downs (with four [4] secondary sites), Pennsylvania.

14. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved Buffalo Trotting Association, Inc.’s request to simulcast its standardbred racing programs for wagering purposes from January 15 through July 25, 2010 to:

1. Tioga Downs, New York 2. Vernon Downs, New York 3. Monticello Raceway, New York.

15. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its programs for wagering purposes from January 15 through July 25, 2010 to:

1. Youbet.com, Oregon 2. Racing 2 Day, Oregon 3. Premier Turf Club, LLC, Oregon.

16. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved Buffalo Trotting Association, Inc.’s request to simulcast its standardbred racing programs for wagering purposes to Catskill Regional Off-Track Betting Corporation, New York through July 25, 2010.

17. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its standardbred racing programs for wagering purposes through July 25, 2010 to:

1. Philadelphia Park (with eight [8] secondary sites), Pennsylvania 2. Delaware Park, Delaware. 4

18. For entry into the minutes, on January 14, 2010, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its harness racing programs for wagering purposes from January 15 through July 25, 2010 to The Racing Channel, Oregon.

19. For entry into the minutes, on January 14, 2010, the New York State Racing and Wagering Board approved the Buffalo Trotting Association, Inc. request to simulcast its harness racing programs for wagering purposes from January 15 through July 25, 2010 to Day at The Track, Idaho.

20. CAPITAL DISTRICT REGIONAL OTB – DECEMBER 2009/ JANUARY 2010 PROMOTIONS For entry into the minutes, on December 8, 2009, the New York State Racing and Wagering Board approved the December 1, 2009 application by the Capital District Regional Off-Track Betting Corporation to conduct six Capital Bets Pick-Four promotions on December 11, 2009 and on January 1, 8, 15, 22 and 29, 2010. The dates of January 9 and 23, 2010 were also approved.

21. CAPITAL DISTRICT REGIONAL OTB – E Z BET CLOSURE – CARMODY’S WEST – HOOSICK FALLS For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional Off-Track Betting Corporation’s plan of operation to reflect the closure of the simulcast branch (E-Z Bet) of Carmody’s West of Hoosick Falls, N.Y. at the close of business on December 31, 2009.

22. CAPITAL DISTRICT REGIONAL OTB – JANUARY 2010 PROMOTIONS For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an application by the Capital District Regional Off-Track Betting Corporation to conduct the following promotions during the month of January 2010:

1. Fan Appreciation Days on January 9, January 16, January 22 and January 29, 2010, 2. A “Two-Man Challenge” on January 30, 2010, and 3. Online Giant Jackpot “Knockout Challenge” handicapping contests on January 2 and 16 for all Capital Bets account holders.

23. CAPITAL DISTRICT REGIONAL OTB – PICK SIX CARRY-OVER PROMOTIONS OVER $250,000 FOR 2010 For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the December 21, 2009 application by the Capital District Regional Off-Track Betting Corporation to conduct pick-six carry-over promotions during 2010 as described in the application.

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24. CAPITAL DISTRICT REGIONAL OTB – IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from Buffalo Raceway, New York from January 15 through July 25, 2010.

25. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from the following tracks during the year 2010:

1. Monticello Raceway Management, Inc., New York 2. Saratoga Harness Racing, Inc., New York.

26. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from the following tracks during the year 2010:

1. Northfield Park, Ohio 2. Wyvern International, LTD, Australia.

27. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from Hawthorne Race Course, Illinois through January 2, 2010.

28. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Capital District Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from Louisiana Downs (Quarter Horse Meet), Louisiana from January 9 through March 24, 2010.

29. CATSKILL REGIONAL OTB – IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Catskill Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from Buffalo Trotting Association, Inc., New York through December 31, 2010.

30. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved amendments to the plans of operation of Catskill Regional Off-Track Betting Corporation, Capital District Off-Track Betting Corporation and Western Regional Off-Track Betting Corporation authorizing the simulcast for wagering purposes of races from Cal Expo, California through June 19, 2010.

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31. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Catskill Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from the following tracks:

1. Northfield Park, Ohio through December 31, 2010 2. Sam Houston Race Park, Texas through April 3, 2010.

32. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Catskill Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from the following tracks:

1. Beulah Park, Ohio through May 1, 2010 2. Louisiana Downs (Quarter Horse Meet), Louisiana from January 9 through March 24, 2010.

33. FINGER LAKES RACETRACK – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from December 12 through December 31, 2009.

34. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from Fair Grounds Race Course, Louisiana through December 31, 2009.

35. FINGER LAKES RACETRACK – IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from January 1 through May 2, 2010.

36. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from TP Racing L.L.L.P. d.b.a. Turf Paradise, Arizona through May 2, 2010.

37. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from The New York Racing Association, Inc., New York during the year 2010.

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38. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Buffalo Trotting Association, Inc., New York from January 15 through July 25, 2010.

39. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Calder Race Course, Florida through January 2, 2010.

40. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Philadelphia Park, Pennsylvania through December 28, 2010.

41. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Fair Grounds Race Course, Louisiana through March 28, 2010 2. Laurel Park, Maryland through April 11, 2010.

42. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Yonkers Raceway, New York through December 31, 2010.

43. For entry into the minutes, on December 24, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Los Angeles Turf Club at Santa Anita Park, California, from December 26, 2009 through April 18, 2010. 2. Golden Gate Fields (Pacific Racing Association), California from December 26, 2009 through June 13, 2010.

44. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Turfway Park LLC (Winter/Spring Meet), Kentucky from January 1 through March 28, 2010.

45. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Hawthorne Race Course, Illinois through January 2, 2010. 8

46. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Penn National Race Course, Pennsylvania through December 31, 2010.

47. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Monticello Raceway, New York through December 31, 2010.

48. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Gulfstream Park, Florida from January 3 through April 24, 2010.

49. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Beulah Park, Ohio through May 1, 2010.

50. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Charles Town Races, West Virginia through December 31, 2010.

51. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the Finger Lakes Racing Association, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Oaklawn Park, Arkansas from January 15 through April 10, 2010.

52. MONTICELLO RACEWAY – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from December 12 through December 31, 2009.

53. MONTICELLO RACEWAY –IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 8, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Mgmt, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from The New York Racing Association, Inc., New York during the year 2010.

54. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from January 1 through May 2, 2010.

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55. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Mgmt, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Limited, Ontario, Canada during the year 2010.

56. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Mgmt, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Buffalo Raceway, New York through July 25, 2010.

57. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Mgmt, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races during the year 2010 from:

1. , Alberta, Canada 2. Inc., Ontario, Canada 3. Woodbine Entertainment Group, Ontario, Canada 4. , Ontario, Canada.

58. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Mgmt, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Boyd Racing L.L.C. d/b/a Delta Downs Racetrack Casino & Hotel, Louisiana through March 20, 2010 2. Philadelphia Park, Pennsylvania through December 28, 2010.

59. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Turfway Park LLC (Winter/Spring Meet), Kentucky from January 1 through March 28, 2010.

60. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Mgmt, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Dover Downs, Inc., Delaware through April 15, 2010 2. Pompano Park, Florida through December 31, 2010.

61. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Mgmt, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

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1. Calder Race Course, Florida on January 1 and 2, 2010 2. Fairgrounds Race Course, Louisiana through March 28, 2010 3. Laurel Park, Maryland through April 11, 2010.

62. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Mgmt, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Sam Houston Race Park, Texas through April 3, 2010 2. NJSEA (Meadowlands), New Jersey through December 31, 2010 3. Northfield Park, Ohio through December 31, 2010.

63. For entry into the minutes, on December 24, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Los Angeles Turf Club, at Santa Anita Park, California, from December 26, 2009 through April 18, 2010.

64. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Hawthorne Race Course, Illinois through January 2, 2010.

65. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Freehold Raceway, New Jersey through January 31, 2010.

66. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from The Meadows, Pennsylvania through June 30, 2010.

67. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Mgmt, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Yonkers Raceway, New York through December 31, 2010.

68. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Sports Creek Raceway, Michigan through February 7, 2010.

69. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Mgmt, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Northlands Park, Alberta, Canada during the year 2010. 11

70. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Beulah Park, Ohio through December 31, 2010.

71. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Penn National Race Course, Pennsylvania through December 31, 2010 2. Gulfstream Park, Florida from January 3 through April 24, 2010.

72. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Balmoral Park and Maywood Park, Illinois through December 31, 2010.

73. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Oaklawn Park, Arkansas from January 15 through April 10, 2010.

74. For entry into the minutes, on January 14, 2010, the New York State Racing and Wagering Board approved an amendment to the Monticello Raceway Mgmt, Inc. simulcast plan of operation authorizing the simulcast for wagering purposes of races from Georgian Downs Limited, Ontario, Canada during the year 2010.

75. MONTICELLO RACEWAY – EXPORT TO VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing program for wagering purposes during the year 2010 to:

1. Freehold Raceway (with one [1] secondary site), New Jersey 2. Indiana Downs (with two [2] secondary sites), Indiana 3. Lewiston Raceways, Inc. (with four [4] secondary sites), Maine 4. The Lodge at Belmont, New Hampshire 5. NJSEA (Meadowlands/ Monmouth with one [1] secondary site), New Jersey.

76. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to Bet Pad, LLC (with one [1] secondary site), Oregon.

77. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing program for wagering purposes during the year 2010 to:

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1. Beulah Park, Ohio 2. Colonial Downs L.P. (with ten [10] secondary sites), Virginia 3. Delaware Park, Delaware 4. The Downs at Albuquerque, New Mexico.

78. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing program for wagering purposes during the year 2010 to:

1. Scarborough Downs, Maine 2. Presque Isle Downs, Inc., Pennsylvania 3. Scioto Downs, Inc., Ohio 4. Southland Park, Arkansas.

79. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to:

1. Pompano Park (with twenty [20] secondary sites), Florida 2. The Red Mile, Kentucky 3. Running Aces Harness Park, Minnesota.

80. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Northlands/Evergreen Park, Alberta, Canada 2. Flamboro Downs, Ontario, Canada 3. Georgian Downs (with two [2] secondary sites), Ontario, Canada 4. Grand River Agricultural Society (with three [3] secondary sites), Ontario, Canada 5. Northlands Park (with thirty eight [38] secondary sites), Alberta, Canada 6. Rideau Carlton Raceway (with fourteen [14] secondary sites), Ontario, Canada 7. Sudbury Downs (with nine [9] secondary sites), Ontario, Canada 8. Windsor Raceway, Ontario, Canada.

81. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Buffalo Trotting Association, New York 2. Finger Lakes Racing Association Inc., New York 3. Saratoga Raceway, New York 4. Tioga Downs, New York 5. Vernon Downs, New York 6. Yonkers Raceway, New York.

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82. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to:

1. Rosecroft, Maryland 2. River Downs Jokey Club, Ohio.

83. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to Premier Turf Club, Oregon.

84. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes to Las Vegas Dissemination Company, Nevada for purposes of dissemination for simulcasting with pari-mutuel wagering during 2010 to the three [3] sites specified in the agreement submitted to the Board.

85. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to:

1. Ocean Downs (with one [1] secondary site), Maryland 2. Suffolk Downs (with seven [7] secondary sites), Massachusetts.

86. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to Connecticut OTB (with twenty-two [22] secondary sites), Connecticut.

87. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to Hipodromo de Agua Caliente (with two hundred forty eight [248] secondary sites), Caliente.

88. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to:

1. Hawthorne Race Course (with thirty two [32] secondary sites), Illinois 2. Hazel Park, Michigan 3. Rockingham Park, (with two [2] secondary sites), New Hampshire 4. Sam Houston Race Park, (with two [2] secondary sites), Texas 5. Sports Creek Raceway, Michigan.

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89. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. US Off-Track, Oregon including www.paydog.com; www.greyhoundchannel.com; and www.propickracing.com 2. AmWest Entertainment LLC (with four [4] secondary sites), Kentucky.

90. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Racing and Gaming Services (RGS), St. Kitts, West Indies, with one [1] specified site 2. Phumelela Gold International Ltd., Isle of Man, with two [2] identified secondary sites.

91. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to:

1. Northville Downs, Michigan 2. Northville Racing Corporation, Michigan.

92. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to the following Atlantic City Casinos, New Jersey:

1. Marina District Development Co., LLC dba The Borgata Hotel/Casino & Spa 2. Adamar of New Jersey, Inc. dba Tropicana Casino and Entertainment 3. Trump Taj Mahal Assoc. dba Trump Taj Mahal Casino Resort 4. Atlantic City Showboat, Inc. dba Showboat Hotel/Casino 5. Bally’s Park Place, Inc. dba Bally’s Atlantic City Casino 6. Boardwalk Regency Corp. dba Caesar’s Atlantic City Hotel/Casino 7. Harrah’s Atlantic City Casino.

93. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to Race2Day LLC, Florida.

94. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to:

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1. Northfield Park (with one [1] secondary site), Ohio 2. Penn National Gaming, Inc. (with nine [9] secondary sites, excluding ebetusa.com), Pennsylvania 3. Philadelphia Park (with eight [8] secondary sites), Pennsylvania 4. Plainridge Race Course, Massachusetts 5. Mohegan Sun at Pocono Downs (with four [4] secondary sites), Pennsylvania.

95. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Day at The Track, California 2. YouBet.com, Inc., California.

96. For entry into the minutes, on December 31, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. The Racing Network International, Inc., Oregon 2. The Racing Channel, Oregon and www.racingchannel.com and www.oneclickbetting.com. Approval was not granted for www.australianracing.com.

97. For entry into the minutes, on December 31, 2009, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to Track Net Media Group, Kentucky and all tracks and sites associated with Track Net as specified in the agreement submitted to the Board with this application for approval.

98. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to Canterbury Park, Minnesota.

99. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Capital District Off-Track Betting Corporation, New York 2. Nassau Regional Off-Track Betting Corporation, New York.

100. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to:

1. Harrah’s Chester Casino & Racetrack, Pennsylvania 2. Lebanon Raceway, Ohio.

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101. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to Sunland Park, New Mexico.

102. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved the request of Monticello Raceway Mgmt, Inc. to provide official race replays to the USTA, during the year 2010 for the specific purposes set forth in the agreement dated April 8, 2009.

103. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to Rocky Mountain Turf Club (with two [2] secondary sites), Alberta, Canada.

104. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to Harrington Raceway, Inc., Delaware.

105. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Western Regional Off-Track Betting Corporation, New York 2. Batavia Downs, New York.

106. For entry into the minutes, on January 14, 2010, the New York State Racing and Wagering Board approved the Monticello Raceway Mgmt, Inc. request to simulcast its standardbred racing programs for wagering purposes during the year 2010 to Wonderland Greyhound Park, Massachusetts.

107. NASSAU REGIONAL OTB – REQUEST TO OFFER PARI- MUTUEL WAGER TYPE – 123RACING For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an application of the Nassau Regional Off-Track Betting to amend its simulcast plan of operation to include the “123racing” bet from Philadelphia Park during 2010.

108. NASSAU REGIONAL OTB – CLOSURE OF NORTH LAWRENCE BRANCH – ROCKAWAY TURNPIKE For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved the Nassau Downs Regional Off-Track Betting Corporation’s request to amend its plan of operation to reflect the closure of the North Lawrence branch at 309 Rockaway Turnpike, effective January 31, 2010.

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109. NASSAU REGIONAL OTB – IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on January 14, 2010, the New York State Racing and Wagering Board approved an amendment to the Nassau Regional OTB Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from Raceway, Ontario, Canada.

110. NEW YORK CITY OTB – CLOSURE OF GEORGE WASHINGTON BRIDGE BUS TERMINAL BRANCH – 178 STREET AND BROADWAY – NEW YORK For entry into the minutes, on December 8, 2009, the New York State Racing and Wagering Board approved an amendment to the New York City Off-Track Betting Corporation plan of operation to reflect the closure of branch #1130 located within the George Washington Bridge Bus Terminal.

111. NEW YORK CITY OTB – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida through December 31, 2009.

112. NEW YORK CITY OTB –IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from January 1 through May 2, 2010.

113. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved amendments to the plans of operation of New York City Off- Track Betting Corporation, Capital District Off-Track Betting Corporation, Catskill Regional Off-Track Betting Corporation and Western Regional Off-Track Betting Corporation authorizing the simulcast for wagering purposes of races from Northfield Park, Ohio through December 31, 2010.

114. For entry into the minutes, on December 28, 2009, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from:

1. Los Angeles Turf Club at Santa Anita Park, California through April 18, 2010 2. Golden Gate Fields (Pacific Racing Association), California through June 13, 2010.

115. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from The Meadows, Pennsylvania during the year 2010.

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116. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the plan of operation of New York City Off- Track Betting Corporation authorizing the simulcast for wagering purposes of races from Hawthorne Race Course, Illinois through January 2, 2010.

117. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from Freehold Raceway, New Jersey through January 31, 2010.

118. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from Laurel Park, Maryland from January 1 through April 11, 2010.

119. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from NJSEA (Meadowlands-Harness Meet), New Jersey through December 31, 2010.

120. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from Philadelphia Park, Pennsylvania through December 31, 2010.

121. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from Gulfstream Park, Florida through April 24, 2010.

122. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from Penn National Race Corse, Pennsylvania through December 31, 2010.

123. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from Balmoral Park, Illinois through December 31, 2010.

124. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved amendments to the plans of operation of each New York State off-track betting corporation authorizing the simulcast for wagering purposes of races from Charles Town Race Course, West Virginia through December 31, 2010.

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125. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the plan of operation of New York City Off- Track Betting Corporation authorizing the simulcast for wagering purposes of races from Beulah Park, Ohio through May 1, 2010.

126. NYRA – REWARDS DOUBLE POINTS PROMOTION FOR 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the New York Racing Association request to conduct the Double NYRA Rewards promotion for new accounts during 2010.

127. NYRA – REQUEST TO OFFER GUARANTEED PICK FOUR WAGER POOLS For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved the New York Racing Association request to offer $250,000 guaranteed late Pick Four wagering pools on all Saturdays from January 16 through April 24, 2010 with the exception of Wood Memorial Day, when the late Pick Four will be five hundred thousand ($500,000.00) dollars.

128. NYRA – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the New York Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from December 12 through December 31, 2009.

129. NYRA – IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the New York Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from January 1 through May 2, 2010.

130. For entry into the minutes, on December 24, 2009, the New York State Racing and Wagering Board approved an amendment to the New York Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Los Angeles Turf Club at Santa Anita Park, California, from December 26, 2009 through April 18, 2010 2. Golden Gate Fields (Pacific Racing Association), California from December 26, 2009 through June 13, 2010.

131. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the New York Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from Hawthorne Race Course, Illinois through January 2, 2010.

132. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the New York Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

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1. Calder Race Course, Florida on January 1 and 2, 2010 2. Delta Downs Racetrack Casino & Hotel, Louisiana through March 20, 2010 3. Sam Houston Race Park, Texas through April 3, 2010 4. Sunland Park, New Mexico through April 20, 2010.

133. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the New York Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from Turfway Park LLC (Winter/Spring Meet), Kentucky from January 1 through March 28, 2010.

134. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the New York Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from Penn National Race Course, Pennsylvania through December 31, 2010.

135. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the New York Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Turf Paradise, Arizona through May 2, 2010 2. Fair Grounds Race Course, Louisiana through March 28, 2010 3. Laurel Park, Maryland through April 11, 2010 4. Portland Meadows, Oregon through May 1, 2010.

136. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the New York Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from Beulah Park, Ohio through May 1, 2010.

137. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the New York Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Gulfstream Park, Florida from January 3 through April 24, 2010 2. Charles Town Races, West Virginia through December 31, 2010 3. Philadelphia Park, Pennsylvania through December 28, 2010.

138. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the New York Racing Association simulcast plan of operation authorizing the simulcast for wagering purposes of races from Oaklawn Park, Arkansas from January 15 through April 10, 2010.

139. NYRA – REQUEST TO EXPORT TO VARIOUS LOCATIONS IN 2009 & 2010 For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to Tampa Bay Downs (with eighteen [18] secondary sites), Florida from December 12, 2009 through January 2, 2010.

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140. NYRA –EXPORT TO VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. Northville Downs, Michigan 2. Retama Park, Texas 3. River Downs, Ohio 4. Ruidoso Downs, New Mexico 5. Sunland Park, New Mexico 6. Sun Ray Park, New Mexico 7. Zia Park, New Mexico 8. Beulah Park, Ohio.

141. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. Columbus Races, Nebraska 2. Delaware Racing Association, Delaware 3. The Downs at Albuquerque, New Mexico 4. Dover Downs, Delaware 5. Fonner Park, Nebraska 6. Hazel Park, Michigan 7. Lebanon Raceway, Ohio 8. Harrington Raceway, Delaware.

142. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. Mountaineer Park, West Virginia 2. Scioto Downs, Ohio 3. Presque Isle Downs, Pennsylvania 4. Running Aces Harness Park, Minnesota 5. Bangor Raceway, Maine 6. Raceway Park, Ohio.

143. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

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1. Greentrack, Inc., Alabama 2. Birmingham Race Course, Alabama 3. Indiana Downs, Indiana 4. Raynham-Taunton Greyhound, Massachusetts 5. Tri State Racetrack and Gaming, West Virginia 6. Wheeling Island Casino & Racetrack, West Virginia 7. Will Rogers Downs, Oklahoma.

144. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to The Lodge at Belmont, New Hampshire.

145. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. Dubuque Greyhound Park, Iowa 2. Scarborough Downs, Maine.

146. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. Arapahoe Park (with four [4] secondary sites), Colorado 2. Lewiston Raceways, Inc. (with two [2] secondary sites), Maine 3. Harrah’s Chester Casino & Racetrack, Pennsylvania.

147. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to OTB Facilitators, Maine.

148. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to:

1. Buffalo Raceway, New York 2. Finger Lakes Race Track, New York.

149. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

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1. Harness Racing PEI d/b/a Charlotte Driving Park (with one [1] secondary site), Prince Edward Island, Canada 2. Clinton Raceway (with one [1] secondary site), Ontario, Canada 3. (with four [4] secondary sites), Ontario, Canada 4. Fraser Downs (with one [1] secondary site), British Columbia, Canada 5. Hanover Raceway (with two [2] secondary sites), Ontario, Canada 6. Hiawatha Horse Park, Ontario, Canada.

150. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. Hawthorne Race Course (with thirty two [32] secondary sites), Illinois 2. Old Evangeline Downs, LLC (with four [4] secondary sites), Louisiana 3. Plainridge Race Course, Massachusetts 4. Twin River, Rhode Island 5. Cayman’s Track Ltd. (with sixty four [64] secondary sites), Jamaica.

151. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following sites during the year 2010:

1. Potawatomi Bingo Casino, Wisconsin 2. Freehold Raceway (with one [1] secondary site), New Jersey 3. NJSEA-Meadowlands-Monmouth (with three [3] secondary sites), New Jersey 4. Ocean Downs (with one [1] secondary site), Maryland 5. Sam Houston Race Park (with two [2] secondary sites), Texas.

152. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes to Las Vegas Dissemination Company, Nevada for purposes of dissemination for simulcasting with pari-mutuel wagering during 2010 to the four [4] sites specified in the agreement submitted to the Board.

153. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to AmWest Entertainment LLC (with three [3] secondary sites), Oregon.

154. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

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1. Turfway Park, LLC (with nine [9] secondary sites), Kentucky 2. Azalea City Racing Club d/b/a Mobile Greyhound, Alabama 3. Mount Pleasant Meadows, Michigan 4. Canterbury Park, Minnesota.

155. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to the following five (5) Atlantic City, New Jersey Casinos: The Borgata Hotel/Casino & Spa; Tropicana Casino and Entertainment, Trump Taj Mahal Casino Resort, Bally’s Atlantic City Casino and Harrah’s Atlantic City.

156. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. (with eleven [11] secondary sites), Manitoba, Canada 2. (with four [4] secondary sites), Saskatchewan, Canada 3. Woodbine Entertainment Group (with twenty nine [29] secondary sites), Ontario, Canada 4. Northlands Park (with forty-one [41] secondary sites), Alberta, Canada 5. Kawartha Downs, Ontario, Canada 6. Picov Downs, Ontario, Canada 7. Rocky Mountain Turf Club, Alberta, Canada.

157. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. Hastings Entertainment, Inc., British Columbia, Canada 2. TBC Teletheaters (with twenty-two [22] secondary sites), British Columbia, Canada 3. St. John’s Racing and Entertainment Centre, New Brunswick, Canada 4. New Brunswick with three [3] secondary sites) New Brunswick, Canada 5. Rideau Carleton Raceway, Ontario, Canada 6. Flamboro Downs (with three [3] secondary sites), Ontario, Canada.

158. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

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1. Arima Race Club(with five [5] secondary sites), Trinidad, West Indies 2. Prairie Meadows Racetrack & Casino, Iowa 3. Southland Park Gaming and Racing, Arkansas 4. Louisiana Downs, Louisiana 5. Seabrook Greyhound Park, New Hampshire.

159. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. Hipodromo de Agua Caliente (with two hundred forty four [244] secondary sites), Caliente 2. Hipica de Panama (with seventy-five [75] secondary sites), Panama 3. Turf Paradise (with fifty three [53] secondary sites), Arizona 4. Royal River Racing, South Dakota.

160. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to:

1. Lien Games Racing, LLC (with six [6] secondary sites), North Dakota 2. Simulcast Services, LLC (with eight [8] secondary sites), Texas 3. Autotote Entertainment, Inc. (with twenty-one [21] secondary sites), Connecticut.

161. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. Colonial Downs (with ten [10] secondary sites), Virginia 2. Penn National (with five [5] secondary sites and Telebet), Pennsylvania 3. Philadelphia Park (with eight [8]secondary sites), Pennsylvania 4. Pocono Downs (with four [4]secondary sites), Pennsylvania 5. Rockingham Park (with one [1] secondary site), New Hampshire 6. Suffolk Downs, Massachusetts.

162. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes to:

1. The Racing Channel (www.racingchannel.com and www.oneclickbetting.com only), Delaware 2. US Off-Track, LLC, North Dakota 3. National Steeplechase Association, Oregon 4. Betfair Games, Ltd., Malta 5. Youbet.com, California (with one [1] secondary site), California.

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163. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to Phumelela Gold International (with one hundred twenty eight [128] secondary sites), Isle of Man.

164. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the Nevada Pari-Mutuel Association (with eighty-five [85] secondary sites), Nevada during the year 2010.

165. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. Western Fair Raceway, Ontario, Canada 2. (with three [3] secondary sites), Ontario, Canada 3. Truro Raceway (with two [2] secondary sites), Ontario, Canada 4. Windsor Raceway (with three [3] secondary sites), Ontario, Canada 5. Georgian Downs, Ontario, Canada 6. Sudbury Downs (with nine [9] secondary sites), Ontario, Canada.

166. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to ODS Technologies, L.P. d/b/a TVG Network.

167. For entry into the minutes, on December 31, 2009, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to the following tracks during the year 2010:

1. Sports Creek Raceway, Michigan 2. Northfield Park (with one [1] secondary site), Ohio 3. Emerald Downs (with ten [10] secondary sites), Washington 4. Horsemen’s Park (with two [2] secondary sites), Nebraska.

168. For entry into the minutes, on December 31, 2009, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to Track Net Media Group (with twenty [20] guest entities and one hundred seventy six [176] secondary sites), Kentucky except as stated below.

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Approval is limited to the guest and secondary or associated sites specified within the simulcast agreement EXCEPT THAT APPROVAL FOR GLOBAL WAGERING SOLUTIONS AND SITES LISTED AS BETTING OUTLETS IS LIMITED TO RACEBETS GMBH-EUROPE, GERMAN TOTE GMBH & CO. KG-EUROPE, NEWCOTE SERVICES LIMITED DBA VICTOR CHANDLER WORLDWIDE EXCLUDING UNITED STATES, AND MAGNA RACINO VERANSTALTUNGS GMBH-AUSTRIA.

169. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to Rideau Carleton Raceway (with seventeen [17] secondary sites), Ontario, Canada.

170. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes to Tampa Bay Downs (with eighteen [18] secondary sites), Florida through May 2, 2010.

171. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved The New York Racing Association’s request to simulcast its thoroughbred racing programs for wagering purposes during 2010 to:

1. Saratoga Gaming and Raceway, New York (from January 1 through July 22 and from September 7 through December 31, 2010 only) 2. Yonkers Raceway, New York 3. Monticello Raceway, New York 4. Tioga Downs, New York 5. Vernon Downs, New York.

172. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to Stevenson & Associates, Inc., Florida for purposes of dissemination and simulcasting with non- commingled wagering to the following sites:

1. Barbados Turf Club (Barbados) 2. Federal Bookmakers (Barbados) 3. SeaHorses, Ltd. (Bermuda) 4. Hipodromo Camero and only those secondary sites contained on the 20 pages submitted (Puerto Rico).

173. For entry into the minutes, on January 14, 2010, the New York State Racing and Wagering Board approved the New York Racing Association request to simulcast its thoroughbred racing programs for wagering purposes during the year 2010 to:

1. Wyoming Entertainment, LLC (with four [4] secondary sites), Wyoming 2. Montana Entertainment, LLC (with seven [7] secondary sites), Montana.

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174. SARATOGA HARNESS – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from December 12 through December 31, 2009.

175. SARATOGA HARNESS – IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Monticello Raceway, New York through December 31, 2010 2. The New York Racing Association, Inc., New York from January 1 through July 22 and September 7 through December 31, 2010.

176. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from January 1 through May 2, 2010.

177. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Buffalo Trotting Association, Inc. from January 15 through July 25, 2010.

178. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Boyd Racing L.L.C. d/b/a Delta Downs Racetrack Casino & Hotel, Louisiana through March 20, 2010 2. Dover Downs, Inc., Delaware through April 15, 2010 3. Hialeah Park (Quarter Horse Meet), Florida through February 2, 2010 4. Pompano Park, Florida through June 30, 2010 5. Sam Houston Race Park, Texas through April 3, 2010 6. Sunland Park, New Mexico through April 20, 2010 7. Turf Paradise, Arizona through May 2, 2010.

179. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from NJSEA (Meadowlands- Harness), New Jersey through December 31, 2010.

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180. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Fairgrounds Race Course, Louisiana through March 28, 2010 2. Portland Meadows, Oregon through May 1, 2010.

181. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Northfield Park, Ohio through December 31, 2010.

182. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Turfway Park LLC (Winter/Spring Meet), Kentucky from January 1 through March 28, 2010.

183. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Yonkers Raceway through December 31, 2010.

184. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Woodbine Entertainment Group (Woodbine Racetrack and Mohawk Raceway), Ontario, Canada through December 31, 2010.

185. For entry into the minutes, on December 24, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Los Angeles Turf Club at Santa Anita Park, California, from December 26, 2009 through April 18, 2010 2. Golden Gate Fields (Pacific Racing Association), California from December 26, 2009 through June 13, 2010.

186. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

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1. Calder Race Course, Florida on January 1 and 2, 2010 2. Hawthorne Race Course, Illinois 3. Penn National Race Course, Pennsylvania through December 31, 2010 4. Laurel Park, Maryland through April 11, 2010 5. The Meadows, Pennsylvania through June 30, 2010 6. Philadelphia Park, Pennsylvania through December 28, 2010 7. Gulfstream Park, Florida from January 3 through April 24, 2010.

187. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Beulah Park, Ohio through May 1, 2010 2. Charles Town Races (Penn National Gaming, Inc.), West Virginia through December 31, 2010 3. Freehold Raceway, New Jersey through January 31, 2010.

188. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Oaklawn Park, Arkansas from January 15 through April 10, 2010.

189. SUFFOLK REGIONAL OTB – MARCH 2010 HANDICAPPING CONTEST For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved Suffolk Regional Off-Track Betting Corporation’s December 15, 2009 request to conduct a handicapping contest at the Racing Forum in Hauppauge, N.Y. on Saturday, March 6, 2010.

190. TIOGA DOWNS – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Beulah Park, Ohio for the remainder of 2009.

191. For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from December 12 through December 31, 2009.

192. TIOGA DOWNS – IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Calder Race Course, Florida through January 2, 2010 2. Dover Downs, Delaware through December 31, 2010 3. Pompano Park, Florida through December 31, 2010.

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193. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Buffalo Raceway, New York from January 15 through July 25, 2010.

194. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Monticello Raceway, New York during the year 2010.

195. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from January 1 through May 2, 2010.

196. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from NJSEA (Meadowlands), New Jersey through December 31, 2010.

197. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Flamboro Downs Limited, Ontario, Canada during the year 2010.

198. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Northfield Park, Ohio through December 31, 2010.

199. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Finger Lakes Racing Association, New York during the year 2010.

200. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Kawartha Downs, Ontario, Canada during the year 2010.

201. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Yonkers Raceway, New York through December 31, 2010.

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202. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Penn National Race Course, Pennsylvania through December 31, 2010 2. Gulfstream Park, Florida from January 3 through April 24, 2010.

203. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Windsor Raceway, Inc., Ontario, Canada during the year 2010.

204. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. The Meadows, Pennsylvania through June 30, 2010 2. Philadelphia Park, Pennsylvania through December 28, 2010 3. Freehold Raceway, New Jersey through January 31, 2010 4. Laurel Park, Maryland through April 11, 2010 5. Golden Gate Fields (Pacific Racing Association), California through June 13, 2010 6. Los Angeles Turf Club (Track Net Media Group) at Santa Anita Park, California through April 18, 2010.

205. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Charles Town Races, West Virginia through December 31, 2010.

206. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Woodbine Entertainment Group (Woodbine Racetrack and Mohawk Raceway), Ontario, Canada during the year 2010.

207. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Turfway Park LLC (Winter/Spring Meet), Kentucky from January 1 through March 28, 2010.

208. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved effective January 1, 2010 an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from The New York Racing Association, Inc., New York during the year 2010.

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209. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Beulah Park, Ohio through December 31, 2010.

210. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Fairgrounds Race Course, Louisiana through March 28, 2010.

211. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Tioga Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Balmoral Park and Maywood Park, Illinois through December 31, 2010.

212. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the Saratoga Gaming and Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Oaklawn Park, Arkansas from January 15 through April 10, 2010.

213. VERNON DOWNS – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Beulah Park, Ohio for the remainder of 2009.

214. For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from December 12 through December 31, 2009.

215. VERNON DOWNS –IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Calder Race Course, Florida through January 2, 2010 2. Dover Downs, Delaware through December 31, 2010 3. Pompano Park, Florida through December 31, 2010.

216. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Buffalo Raceway, New York from January 15 through July 25, 2010.

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217. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Monticello Raceway, New York during the year 2010.

218. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from January 1 through May 2, 2010.

219. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from NJSEA (Meadowlands), New Jersey through December 31, 2010.

220. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Flamboro Downs Limited, Ontario, Canada during the year 2010.

221. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Northfield Park, Ohio through December 31, 2010.

222. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Finger Lakes Racing Association, New York during the year 2010.

223. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Kawartha Downs, Ontario, Canada during the year 2010.

224. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Yonkers Raceway, New York through December 31, 2010.

225. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Penn National Race Course, Pennsylvania through December 31, 2010 2. Gulfstream Park, Florida from January 3 through April 24, 2010.

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226. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Windsor Raceway, Inc., Ontario, Canada during the year 2010.

227. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. The Meadows, Pennsylvania through June 30, 2010 2. Philadelphia Park, Pennsylvania through December 28, 2010 3. Freehold Raceway, New Jersey through January 31, 2010 4. Laurel Park, Maryland through April 11, 2010 5. Golden Gate Fields (Pacific Racing Association), California through June 13, 2010 6. Los Angeles Turf Club (Track Net Media Group) at Santa Anita Park, California through April 18, 2010.

228. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Turfway Park LLC (Winter/Spring Meet), Kentucky from January 1 through March 28, 2010.

229. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Woodbine Entertainment Group (Woodbine Racetrack and Mohawk Raceway), Ontario, Canada during the year 2010.

230. For entry into the minutes, on January 5, 2010, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Charles Town Races, West Virginia through December 31, 2010.

231. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved effective January 1, 2010 an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from The New York Racing Association, Inc., New York during the year 2010.

232. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Beulah Park, Ohio through December 31, 2010.

233. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Fairgrounds Race Course, Louisiana through March 28, 2010.

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234. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Balmoral Park and Maywood Park, Illinois through December 31, 2010.

235. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the Vernon Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Oaklawn Park, Arkansas from January 15 through April 10, 2010.

236. WESTERN REGIONAL OTB – CLOSURE OF EAST MOHAWK ST. BRANCH & BUFFALO AND STATE ST. BRANCH – ROCHESTER For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Western Regional Off-Track Betting Corporation’s request to amend their plan of operation to reflect the closure of two off-track betting facilities effective March 1, 2009. The first was in Buffalo, N.Y. at 11-13 East Mohawk Street and the second one was in Rochester, N.Y. at 131-133 State Street.

237. WESTERN REGIONAL OTB/BATAVIA DOWNS – IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Western Regional Off-Track Betting Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from Buffalo Trotting Association Inc. from January 15 through July 25, 2010.

238. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Western Regional Off-Track Betting Corporation /Batavia Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Buffalo Trotting Association Inc. from January 15 through July 25, 2010.

239. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Western Regional Off-Track Betting Corporation and Batavia Downs simulcast plans of operation authorizing the simulcast for wagering purposes of races from Saratoga Gaming & Raceway, New York during the year 2010.

240. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Western Regional Off-Track Betting Corporation simulcast plan of operation authorizing the simulcast for wagering purposes of races from Yonkers Raceway, New York during the year 2010.

241. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Batavia Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Yonkers Raceway during the year 2010.

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242. For entry into the minutes, on January 14, 2010, the New York State Racing and Wagering Board approved amendments to the Western Regional Off-Track Betting Corporation and Batavia Downs simulcast plans of operation authorizing the simulcast for wagering purposes of races from Freehold Raceway, New Jersey through January 31, 2010.

243. For entry into the minutes, on January 14, 2010, the New York State Racing and Wagering Board approved an amendment to the Western Regional Off-Track Betting Corporation/Batavia Downs simulcast plan of operation authorizing the simulcast for wagering purposes of races from Beulah Park, Ohio through May 1, 2010.

244. YONKERS RACEWAY – REQUEST TO IMPORT VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 8, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Sam Houston Race Park, Texas through December 31, 2009.

245. On December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation to authorize the simulcast for wagering purposes of races from Tampa Bay Downs, Florida through December 31, 2009.

246. YONKERS RACEWAY – IMPORT OF VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Kawartha Downs Limited, Ontario, Canada from January 5 through December 14, 2010.

247. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Monticello Raceway, New York through December 31, 2010 2. Buffalo Raceway, New York from January 15 through July 25, 2010.

248. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from My Way Holdings, LLC d.b.a. Sunland Park Racetrack & Casino, New Mexico through April 20, 2010.

249. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Northfield Park, Ohio through December 31, 2010.

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250. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from The New York Racing Association, Inc., New York during the year 2010.

251. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Dover Downs, Inc., Delaware through April 15, 2010.

252. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Tampa Bay Downs, Florida from January 1 through May 2, 2010.

253. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Scarborough Downs, Maine through December 31, 2010.

254. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Pompano Park, Florida through December 31, 2010.

255. For entry into the minutes, on December 23, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Flamboro Downs Limited, Ontario, Canada through December 31, 2010 2. Rideau Carleton Raceway, Ontario, Canada through December 31, 2010.

256. For entry into the minutes, on December 28, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Los Angeles Turf Club at Santa Anita Park, California through April 18, 2010 2. Golden Gate Fields (Pacific Racing Association), California through June 13, 2010.

257. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Freehold Raceway, New Jersey through January 31, 2010.

258. For entry into the minutes, on December 30, 2009, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Philadelphia Park, Pennsylvania through December 28, 2010. 39

259. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Gulfstream Park (Track Net Media Group), Florida from January 3 through April 24, 2010.

260. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Beulah Park, Ohio through May 1, 2010.

261. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Northlands Park, Alberta, Canada during the year 2010.

262. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Turfway Park LLC (Winter/Spring Meet), Kentucky through March 28, 2010 2. Turf Paradise, Arizona through May 10, 2010 3. Laurel Park, Maryland through April 10, 2010.

263. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Windsor Raceway, Ontario, Canada during the year 2010.

264. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Penn National Race Course, Pennsylvania through December 31, 2010 2. Charles Town Races, West Virginia through December 31, 2010.

265. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from Balmoral Park and Maywood Park, Illinois through December 31, 2010.

266. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved an amendment to the Yonkers Raceway simulcast plan of operation authorizing the simulcast for wagering purposes of races from:

1. Oaklawn Park, Arkansas from January 15 through April 10, 2010 2. Fair Grounds Race Course, Louisiana through March 28, 2010 3. Sam Houston Race Park, Texas through April 3, 2010.

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267. YONKERS RACEWAY – REQUEST TO EXPORT TO VARIOUS LOCATIONS IN 2009 For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to Mount Pleasant Meadows, Michigan through December 31, 2009.

268. YONKERS RACEWAY – EXPORT TO VARIOUS LOCATIONS IN 2010 For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes to Kawartha Downs Raceway, Ontario, Canada during the year 2010.

269. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to Youbet.com Inc., California through December 31, 2010.

270. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes during the year 2010 to Assiniboia Downs (with ten [10] secondary sites), Manitoba, Canada.

271. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Sudbury Downs (with nine [9] secondary sites), Ontario, Canada 2. Truro Raceway (with two [2] secondary sites), Nova Scotia, Canada.

272. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to Day at The Track, California through December 31, 2010.

273. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. , Ontario, Canada 2. Woodbine Entertainment Group (with thirty two [32] secondary sites), Ontario, Canada.

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274. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Flamboro Downs (with three [3] secondary sites), Ontario, Canada 2. Georgian Downs, Ontario, Canada.

275. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes during the year 2010 to Northlands Park, Alberta, Canada.

276. For entry into the minutes, on December 16, 2010, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes to Las Vegas Dissemination Company for purposes of dissemination for Simulcasting with pari-mutuel wagering (to the seven [7] sites specified in the agreement submitted to the Board), Nevada during the year 2010.

277. For entry into the minutes, on December 16, 2009, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to Mount Pleasant Meadows, Michigan through December 31, 2010.

278. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to NJSEA (Meadowlands), New Jersey through December 31, 2010.

279. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Horse Racing New Brunswick Inc. (with two [2] secondary sites), New Brunswick, Canada 2. Northlands Park (with one [1] secondary site), Alberta, Canada.

280. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to Autotote Enterprises Inc. (with fourteen [14] secondary sites), Connecticut during the year 2010.

281. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Clinton Raceway, Inc., Ontario, Canada 2. Hanover, Bentink & Brant Agricultural Society, Ontario, Canada 3. Grand River Agricultural Society (with four [4] secondary sites), Ontario, Canada. 42

282. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Finger Lakes Racing Association, Inc., New York 2. Batavia Downs, New York.

283. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to Philadelphia Park, Pennsylvania through December 31, 2010.

284. For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

1. Buffalo Raceway, New York 2. Saratoga Gaming & Raceway, New York 3. Western Regional Off-Track Betting Corporation, New York.

285. For entry into the minutes, on December 31, 2009, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to:

1. The Racing Network International, Inc., Oregon 2. The Racing Channel, Oregon and www.racingchannel.com and www.oneclickbetting.com. Approval was not granted for www.australianracing.com.

286. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to Racing & Gaming Services (RGS), St. Kitts, West Indies during the year 2010.

287. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes during the year 2010 to Monticello Raceway, New York.

288. For entry into the minutes, on January 6, 2010, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes during the year 2010 to:

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1. Presque Isle Downs, Pennsylvania 2. Running Aces Harness Park, Minnesota 3. Charles Town Races, West Virginia 4. Penn National (with four [4] secondary sites), Pennsylvania 5. Raceway Park, Ohio.

289. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes to Nevada Pari-Mutuel Association (for seventy six [76] specified sites) Nevada through December 31, 2010.

290. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved the Yonkers Raceway request to simulcast its harness racing programs for wagering purposes to Western Fair Raceway, Ontario, Canada during the year 2010.

291. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to Prairie Meadows Racetrack, Iowa through December 31, 2010.

292. For entry into the minutes, on January 13, 2010, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to Wonderland Park, Massachusetts through December 31, 2010.

293. For entry into the minutes, on January 14, 2010, the New York State Racing and Wagering Board approved Yonkers Raceway’s request to simulcast its harness racing programs for wagering purposes to Scarborough Downs, Maine through December 31, 2010.

C. ITEMS PREVIOUSLY APPROVED, DENIED OR DEFERRED BY THE BOARD

1. BATAVIA DOWNS/WESTERN REGIONAL OTB - CASINO EXPANSION PLAN For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board (Board) approved a permit, in accordance with Section 322 of the Racing, Pari-Mutuel Wagering and Breeding Law, to replace the sanitary sewer system that services Batavia Downs. The work is identified in a plumbing permit issued by the City of Batavia dated December 8, 2009.

Western Regional OTB must submit a request to the Board (and receive approval) along with the construction permits from the City of Batavia prior to the start of other phases of the Batavia Downs expansion project.

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2. NEW YORK JOCKEY INJURY COMPENSATION FUND, INC. – ANNUAL ASSESSMENT PLAN FOR 2010 For entry into the minutes, on December 10, 2009, the New York State Racing and Wagering Board approved an amendment to the plan of operation of the New York Jockey Injury Compensation Fund, Inc. for the method of funding and assessment plan for 2010 as presented to the Board on November 12, 2009.

3. IN THE MATTER OF RAFAEL HERNANDEZ - SUMMARY SUSPENSION For entry into the minutes, on December 29, 2009, the New York State Racing and Wagering Board summarily suspended the license of stable employee, Rafael Hernandez, upon a finding that violated Racing, Pari-Mutuel Wagering and Breeding Law Section 4042.5 in that he submitted a human drug test on November 25, 2009, which tested positive for marijuana and that the public safety and welfare imperatively required this emergency action.

4. VERNON DOWNS – REQUEST TO REMODEL GAMING ROOM For entry into the minutes, on January 5, 2010, pursuant to Racing, Pari-Mutuel Wagering and Breeding Law Section 322, the New York State Racing and Wagering Board approved a request by American Racing-Vernon Downs, Inc. to expand the Slot Tech Storage area in their Video Gaming Building as described in their letter and the building permit dated December 7, 2009 from the Town of Vernon.

D. ITEMS TO BE APPROVED, DENIED OR DEFERRED BY THE BOARD

1. BUFFALO RACEWAY – 2010 TRACK & SIMULCAST LICENSE APPLICATIONS The New York State Racing and Wagering Board granted the Buffalo Trotting Association, Inc. track and simulcast licenses for 2010.

The Board assigned the 90 racing programs requested on the dates specified and at the post times requested. The Board approved the plan relating to the Totalisator Room Security (Rule 5100.23[d]).

The 2010 track and simulcast licenses are conditioned upon the following:  Compliance with all applicable provisions of the Racing, Pari-Mutuel Wagering and Breeding Law, Board rules and orders and directives of the New York State Racing and Wagering Board. These include but are not limited to the following:

a. Retransmission of your simulcast signal by authorized recipients to secondary recipients is not allowable without disclosure within the contract of the names and locations of all secondary recipients.

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b. The Board has the authority to audit the out-of-state receiving site's books and records (including all secondary sites that receive your simulcast) and must be noted in any simulcast agreement entered into for your simulcast signal. Included within the agreement must be reference that the guest shall permit inspection of the totalizator facilities at the site where guest's wagers are subject to commingling and all related totalizator books and records by a representative of the host or of the host's Board. Names and contact telephone numbers and/or addresses of managers at all pari-mutuel "hubs" used in the course of your simulcast transactions, if not included within individual contracts, must be supplied to the Board. c. Any agreement which you are party to is subject to the requirements of the host and guest states with any provision mandated by either jurisdiction with such provisions specifically incorporated into contract by reference. Both parties, including any Secondary Recipients, shall comply with the provisions of all-applicable Federal, State and local laws and regulations. d. An SAS-70 Type II audit is to be performed for the current licensing period on the totalizator operations utilized and located at your facility. The report is to be filed with the Board no later than October 31, 2010. e. Rule 5100.2(b)(1), which requires that the track’s totalizator system be in compliance with Rule 5100.24(l)-Independent Monitoring System.

The Board certified that for 2010, Buffalo Raceway has been assigned fewer than the required minimum number of pari-mutuel races and pari-mutuel programs but that the assignment was for good cause due to factors beyond the control of the entity or because it would have been uneconomical or impractical for this corporation to be assigned the prescribed number.

2. MONTICELLO RACEWAY – 2010 TRACK & SIMULCAST LICENSE APPLICATIONS The New York State Racing and Wagering Board assigned to Monticello Raceway the race dates requested for the months of February and March 2010 only.

3. YONKERS RACEWAY – 2010 TRACK & SIMULCAST LICENSE APPLICATIONS The New York State Racing and Wagering Board assigned to Yonkers Raceway the race dates requested for the month of February 2010 only.

4. SARATOGA HARNESS – 2010 TRACK & SIMULCAST LICENSE APPLICATIONS The New York State Racing and Wagering Board granted the Saratoga Harness Racing, Inc. track and simulcast licenses for 2010.

The Board assigned the 170 racing programs requested on the dates specified and at the post times requested. The Board approved the plan relating to the Totalizator Room Security (Rule 5100.23[d]).

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The 2010 track and simulcast licenses are conditioned upon the following:  Compliance with all applicable provisions of the Racing, Pari-Mutuel Wagering and Breeding Law, Board rules and orders and directives of the New York State Racing and Wagering Board. These include but are not limited to the following:

a. Retransmission of your simulcast signal by authorized recipients to secondary recipients is not allowable without disclosure within the contract of the names and locations of all secondary recipients. b. The Board has the authority to audit the out-of-state receiving site's books and records (including all secondary sites that receive your simulcast) and must be noted in any simulcast agreement entered into for your simulcast signal. Included within the agreement must be reference that the guest shall permit inspection of the totalizator facilities at the site where guest's wagers are subject to commingling and all related totalizator books and records by a representative of the host or of the host's Board. Names and contact telephone numbers and/or addresses of managers at all pari-mutuel "hubs" used in the course of your simulcast transactions, if not included within individual contracts, must be supplied to the Board. c. Any agreement which you are party to is subject to the requirements of the host and guest states with any provision mandated by either jurisdiction with such provisions specifically incorporated into contract by reference. Both parties, including any Secondary Recipients, shall comply with the provisions of all-applicable Federal, State and local laws and regulations. d. An SAS-70 Type II audit is to be performed for the current licensing period on the totalizator operations utilized and located at your facility. The report is to be filed with the Board no later than October 31, 2010. e. Rule 5100.2(b)(1), which requires that the track’s totalizator system be in compliance with Rule 5100.24(l)-Independent Monitoring System.

The Board certified to the Department of Taxation and Finance that Saratoga Raceway has been assigned for 2010 the minimum number of pari-mutuel programs and pari-mutuel races that this harness racing corporation conducted during in 1985 or 1986 (whichever is less).

5. CAPITAL DISTRICT REGIONAL OTB – 2010 SIMULCAST LICENSE APPLICATION The New York State Racing and Wagering Board granted the Capital District Regional Off-Track Betting Corporation simulcast license for 2010 for thirty-nine (39) simulcast branches, thirty-nine (39) operating EZ-Bet branches, one special demonstration project and one (1) teletheater facility.

The 2010 simulcast license is conditioned upon the following:

 Compliance with all applicable provisions of the Racing, Pari-Mutuel Wagering and Breeding Law, Board rules, and orders and directives of the New York State Racing and Wagering Board, including:

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a. An SAS-70 Type II audit is to be performed for the current licensing period on the totalizator operations utilized and located at your facility. The report is to be filed with the Board no later than October 31, 2010. b. Rule 5100.2(b)(1), which requires that the totalisator system be in compliance with Rule 4100.24(l)-Independent Monitoring System.

The Board approved the plan relating to the Totalisator Room Security (Rule 5100.23[d]).

6. NASSAU REGIONAL OTB – 2010 SIMULCAST LICENSE APPLICATION The New York State Racing and Wagering Board granted the Nassau Regional Off-Track Betting Corporation simulcast license for 2010 for operating ten (10) simulcast branches, nine (9) restaurant facilities with wagering and one (1) Teletheater.

The 2010 simulcast license is conditioned upon the following:

 Compliance with all applicable provisions of the Racing, Pari-Mutuel Wagering and Breeding Law, Board rules, and orders and directives of the New York State Racing and Wagering Board, including:

a. An SAS-70 Type II audit is to be performed for the current licensing period on the totalizator operations utilized and located at your facility. The report is to be filed with the Board no later than October 31, 2010. b. Rule 5100.2(b)(1), which requires that the totalisator system be in compliance with Rule 4100.24(l)-Independent Monitoring System.

The Board approved the plan relating to the Totalisator Room Security (Rule 5100.23[d]).

7. SUFFOLK REGIONAL OTB – 2010 SIMULCAST LICENSE APPLICATION The New York State Racing and Wagering Board granted the Suffolk Regional Off- Track Betting Corporation simulcast license for 2010 for twelve (12) simulcast branches, fourteen (14) Quick Bets, and one (1) teletheater.

The 2010 simulcast license is conditioned upon the following:

 Compliance with all applicable provisions of the Racing, Pari-Mutuel Wagering and Breeding Law, Board rules, and orders and directives of the New York State Racing and Wagering Board, including:

a. An SAS-70 Type II audit is to be performed for the current licensing period on the totalizator operations utilized and located at your facility. The report is to be filed with the Board no later than October 31, 2010. b. Rule 5100.2(b)(1), which requires that the totalisator system be in compliance with Rule 4100.24(l)-Independent Monitoring System.

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The Board approved the plans relating to the Totalisator Room Security (Rule 5100.23[d]).

8. WESTERN REGIONAL OTB/BATAVIA DOWNS – 2010 TRACK & SIMULCAST LICENSE APPLICATIONS The New York State Racing and Wagering Board granted the Western Regional Off- Track Betting Corporation simulcast license for 2010 for thirty-five (35) simulcast branches, seven (7) remote-type facilities, and one (1) teletheater.

The 2010 simulcast license is conditioned upon the following:

 Compliance with all applicable provisions of the Racing, Pari-Mutuel Wagering and Breeding Law, Board rules, and orders and directives of the New York State Racing and Wagering Board, including:

a. An SAS-70 Type II audit is to be performed for the current licensing period on the totalizator operations utilized and located at your facility. The report is to be filed with the Board no later than October 31, 2010. b. Rule 5100.2(b)(1), which requires that the totalisator system be in compliance with Rule 4100.24(l)-Independent Monitoring System.

The Board approved plans relating to the Totalisator Room Security (Rule 5100.23[d]).

The Board also granted the Batavia Downs track and simulcast licenses for 2010.

The Board assigned the 72 racing programs requested on the dates specified and at the post-times requested. The Board approved plans relating to the Totalisator Room Security (Rule 5100.23[d]).

The 2010 track and simulcast licenses are conditioned upon the following:  Compliance with all applicable provisions of the Racing, Pari-Mutuel Wagering and Breeding Law, Board rules and orders and directives of the New York State Racing and Wagering Board. These include but are not limited to the following:

a. Retransmission of your simulcast signal by authorized recipients to secondary recipients is not allowable without disclosure within the contract of the names and locations of all secondary recipients. b. The Board has the authority to audit the out-of-state receiving site's books and records (including all secondary sites that receive your simulcast) and must be noted in any simulcast agreement entered into for your simulcast signal. Included within the agreement must be reference that the guest shall permit inspection of the totalizator facilities at the site where guest's wagers are subject to commingling and all related totalizator books and records by a representative of the host or of the host's Board. Names and contact telephone numbers and/or addresses of managers at all pari-mutuel "hubs" used in the course of your simulcast transactions, if not included within individual contracts, must be supplied to the Board.

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c. Any agreement which you are party to is subject to the requirements of the host and guest states with any provision mandated by either jurisdiction with such provisions specifically incorporated into contract by reference. Both parties, including any Secondary Recipients, shall comply with the provisions of all-applicable Federal, State and local laws and regulations. d. An SAS-70 Type II audit is to be performed for the current licensing period on the totalizator operations utilized and located at your facility. The report is to be filed with the Board no later than October 31, 2010. e. Rule 5100.2(b)(1), which requires that the track’s totalizator system be in compliance with Rule 5100.24(l)-Independent Monitoring System.

The Board certified that for 2010, Batavia Downs has been assigned fewer than the required minimum number of pari-mutuel races and pari-mutuel programs but that the assignment was for good cause due to factors beyond the control of the entity or because it would have been uneconomical or impractical for this corporation to be assigned the prescribed number.

9. NYRA – 2010 RACING OFFICIALS Pursuant to Board Rule 4005.1, the New York State Racing and Wagering Board approved the employment of Dianne Connor as a Category I and Category II official for the remainder of 2010 at racing meets conducted by the New York Racing Association, Inc.

10. NYS TAXATION & FINANCE - CERTIFICATION OF YEAR 2009 RACING DATES/RACES FOR TAX RATE PURPOSES The New York State Racing and Wagering Board certified pursuant to Section 236(3)(b)(ii) and Section 318(5)(b)(ii) of the Racing, Pari-Mutuel Wagering and Breeding Law that Finger Lakes Racetrack, Monticello Raceway, Saratoga Gaming and Raceway, and Yonkers Raceway did conduct during 2009 at least 90% of programs/races in 1985 or 1986 (whichever is less).

For 2009, the Board found that for Batavia Downs, Buffalo Raceway, and Vernon Downs, it would have been uneconomical or impractical for these corporations to be assigned the prescribed number of racing dates, pursuant to Section 318(5)(b)(ii).

Accordingly, the Board certified that Finger Lakes, Batavia Downs, Buffalo Raceway, Monticello Raceway, Saratoga Harness, Vernon Downs, and Yonkers Raceway have complied with either Section 236(3)(b)(ii) or Section 318(5)(b)(ii) of the Racing, Pari- Mutuel Wagering and Breeding Law for the purpose of establishing the 2009 pari-mutuel tax rate.

11. CATSKILL REGIONAL OTB – REQUEST TO RELOCATE RIVER PLAZA BRANCH TO REYNOLDS ROAD - JOHNSON CITY The New York State Racing and Wagering Board approved an amendment to the Catskill Regional Off-Track Betting Corporation plan of operation to authorize the relocation of its River Plaza branch in Johnson City, N.Y. to nearby 214 Reynolds Road, Johnson City, N.Y. This approval is effective immediately.

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12. SARATOGA HARNESS – REQUEST TO WITHDRAW$63,755.64 FROM CIF The New York State Racing and Wagering Board approved the Saratoga Harness Racing, Inc. request to withdraw $63,755.64 from its Capital Improvement Fund for reimbursement of the following Capital Improvement Expenditures:

Other (100%) Construction and Installation of Tote Board $63,755.64

Total Reimbursement Approved $63,755.64

13. TIOGA DOWNS – REQUEST TO WITHDRAW $24,232.85 FROM CIF On January 28, 2010, the New York State Racing and Wagering Board approved the Tioga Downs request to withdraw $24,232.85 from its Capital Improvement Fund for reimbursement of the following Capital Improvement Expenditures:

Backstretch (100%) New 9 position Starting Gate $ 28,900.00 New 2008 Toyota Tundra 32,602.04 Total Backstretch $ 61,502.04

Total Reimbursement Approved $ 24,232.85

14. VERNON DOWNS – REQUEST TO WITHDRAW $31,322.71 FROM CIF The New York State Racing and Wagering Board approved the Vernon Downs request to withdraw $31,322.71 from its Capital Improvement Fund for reimbursement of the following Capital Improvement Expenditures:

Backstretch (100%) New 9 position Starting Gate $ 28,900.00 New 2008 Toyota Tundra 31,998.32 Total Backstretch $ 60,898.32

Total Reimbursement Approved $ 31,322.71

15. WESTERN REGIONAL OTB/BATAVIA DOWNS – REQUEST TO WITHDRAW $23,028.46 FROM CIF The New York State Racing and Wagering Board approved the Western Regional Off- Track Betting Corporation/Batavia Downs request to withdraw $23,028.46 from its Capital Improvement Fund for reimbursement of the following Capital Improvement Expenditures:

Backstretch (100%) Photovoltaic Energy System $ 23,028.46

Total Reimbursement Approved $ 23,028.46

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16. IN THE MATTER OF THOMAS MILICI The New York State Racing and Wagering Board upheld the recommendation of designated Hearing Officer, Russell H. Baller, Jr. and revoked the harness owner-trainer license of Thomas Milici.

17. IN THE MATTER OF JUSTIN D. WETSEL The New York State Racing and Wagering Board upheld the recommendation of the designated Hearing Officer, Clemente J. Parente and refused a license to harness racing groom applicant Justin D. Wetsel based upon a finding that he made a false statement on his license application regarding his criminal history and that Mr. Wetsel’s experience, character and general fitness are such that his participation in racing is inconsistent with the public interest, convenience and necessity, or with the best interests of racing generally.

18. PROPOSED RULEMAKING – REPLACE WHIP WITH RIDING CROP The New York State Racing and Wagering Board approved a rule proposal to replace the existing standard for whips with a padded riding crop.

E. ITEMS FOR BOARD INFORMATION/DISCUSSION

1. INDIAN GAMING/LICENSING STATISTICS Licensing statistics for December 1, 2009 through December 31, 2009. Also included were the certifications for Oneida, Mohawk, Seneca Allegany, Seneca Buffalo and Seneca Niagara.

2. GAMES OF CHANCE/BELL JAR TICKETS List of bell jar tickets authorized/denied by the Charitable Gaming Unit between December 1, 2009 through December 31, 2009.

3. GAMES OF CHANCE/BINGO REGISTRATION NUMBERS List of Games of Chance and Bingo Registration Numbers authorized/denied by the Charitable Gaming Unit from November 24, 2009 through January 11, 2010.

4. LICENSING/CURRENT LICENSE COUNT The current racing licensing counts as of December 31, 2009 since January 1, 2009 were as follows: total receipts 16,813 and total licenses 13,731 for the year 2009.

5. 2009 LICENSED SUPPLIERS – 0110-12-E List of licensed suppliers – manufacturers’ and distributors’ licenses issued for the time period of December 1, 2009 through December 31, 2009.

6. NEW YORK CITY OTB – APPOINTMENT OF EXECUTIVE VICE PRESIDENT CORPORATE AFFAIRS – HAMER For entry into the minutes, on November 4, 2009, the New York State Racing and Wagering Board approved the appointment of Sylvia Hamer to the position of Executive Vice President – Corporate Affairs of the New York City Off-Track Betting Corporation.

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F. FOLLOW-UP ON ITEMS PREVIOUSLY APPROVED

None.

The meeting adjourned at 12:04 p.m.

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