No decision Wednesday from New York Supreme Court Judge on daily fantasy draft in New York

FILE - In this Nov. 13, 2015, file photo, fantasy sports fans demonstrate outside the Financial District offices of New York state Attorney General Eric Schneiderman, in New York. Schneiderman ordered fantasy sports industry giants DraftKings and FanDuel to stop accepting play from New Yorkers, saying their business amounts to illegal gambling. Schneiderman maintains that New York law bans taking bets as a business, with exceptions for horse racing, casinos, state lotteries and certain other settings, but not daily fantasy sports sites. (AP Photo/Richard Drew, File)

BUFFALO, N.Y. (WIVB) – Is fantasy sports based on skill or chance? A New York Judge weighed in on that debate today in Albany.

The New York Supreme Court Judge, Manuel Mendez declined to issue an immediate ruling on the Attorney General Eric Schneiderman’s request for an injunction. That injunction would effectively end the ability to play daily fantasy here in the state.

Judge Manuel Mendez told the court, “you will get my decision. It will come very soon.” But, it won’t happen today. 65 people fit into the New York Supreme Court room, and we’re told just as many filled the hallways outside. Both sides argued the difference between daily fantasy sports and season long leagues in addition to the skill versus chance debate.

In regards to the argument at hand, Judge Mendez said you need skill to pick the players, but you’re relying on someone else’s skill to play the game.

So until a decision is handed down you may still play on the Draft Kings website. Fan Duel has stopped taking bets from New Yorkers as it fights the order in court.

A DraftKings Spokesperson said, “Today, we presented compelling evidence that Daily Fantasy Sports competitions are as legal now as they have been for the past seven years that New Yorkers have been playing them.  We look forward to Justice Mendez’s ruling.”

A spokesperson for the Attorney General said, “we were glad to have the opportunity to make our case to the court that DraftKings and FanDuel are operating illegal gambling operations in clear violation of the law, and we await the judge’s decision.” provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review. Note: Comments containing links are not allowed.

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