With the ink barely dry on the New York State court order requiring DFS operators in New York to cease operations, an emergency appeal was granted by the New York appellate court. The legal equivalent of a “Hail Mary” pass, means the DFS operators can continue to operate in New York, at least for now. The appellate court granted a stay, at least until January 4, 2016. The Court was apparently swayed by the argument that they would suffer irreparable harm if the order were to stand.
This is quite likely the early innings of what is sure to be a long legal game that will be fought on multiple fronts. The New York state court action will move on to the more substantive phase early next year. Regardless of the judicial outcome, an appeal is likely. However, legislative action in New York is potentially moving forward.
New York’s Assembly Committee on Racing and Wagering met this past Tuesday to discuss daily fantasy sports. Here is a summary of the hearing.
Assemblyman Dean Murray has introduced proposed legislation to legalize daily fantasy in New York.