N.Y. Rac. Pari-Mut. Wag. & Breed. Law § 248
In the assignment of dates by the commission to corporations for conducting running races or steeplechases no conflict shall be deemed to exist by reason of duplication of dates as between race meetings in the first zone and race meetings in the second zone, nor as between race meetings within a zone if the race courses at which such meetings are held are at least thirty-five miles apart in the first zone and at least seventy-five miles apart in the second zone, except that a minimum of thirty-six days of racing shall be assigned exclusively to the second zone unless the governor determines that a sufficient emergency exists for reducing such number of days of racing, in which event the commission is then authorized to assign a lesser number of days of racing to the second zone. The commission may separately apportion to the several corporations licensed or franchised to conduct running races or steeplechases as many of the racing days for the season, not to exceed the maximum number of racing days permitted by law.
N.Y. Rac. Pari-Mut. Wag. and Breed. Law § 248