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In re Championship Poker Lottery Ticket Number 581-010543-019

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


March 19, 2008

IN THE MATTER OF CHAMPIONSHIP POKER LOTTERY TICKET NUMBER 581-010543-019.

On appeal from a Final Administrative Determination of the Division of the State Lottery, Department of the Treasury.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: March 5, 2008

Before Judges Cuff and Lihotz.

Appellant Sherri L. Munk appeals from the January 25, 2007 final administrative determination of the Division of the State Lottery (Lottery). The agency rejected the prize claim submitted by appellant. We affirm.

On October 17, 2005, the Lottery introduced a new game, known as Championship Poker. It is styled as an instant "scratch off" game. Instructions are found on the back of each ticket; however, no skill is required to win. In fact, winners of instant lottery games, such as Championship Poker, are selected randomly before the tickets are printed and distributed. The Lottery also maintains a record of winning tickets. Appellant's ticket is not a winner.

On or about October 18, 2005, appellant purchased a Championship Poker lottery ticket from an authorized Lottery agent. The ticket was for game 581. By letter dated October 23, 2005, appellant submitted a claim for the $150,000 top prize. Her claim was denied.

In correspondence with the Lottery, appellant contended that the rules were ambiguous and that she held a winning hand. She renews that argument in this court.

We have reviewed the record in its entirety and conclude there is no basis for this court to disturb the final agency determination. The decision of the administrative agency is supported by sufficient credible evidence in the record and is in accordance with applicable law and regulations governing the conduct of this instant lottery game. R. 2:11-3(e)(1)(D).

Affirmed.

20080319

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