Call it a temporary victory for DraftKings and FanDuel.
On Monday, the daily fantasy sports companies were granted permission by an appellate panel to resume operations in New York until their Supreme Court appeal is heard in May, as reported by ESPN. This means New Yorkers can resume using the daily fantasy sites for the next few months.
The decision comes exactly one month after Supreme Court justice Manuel Mendez agreed with New York Attorney General Eric Schneiderman, granting injunctions to ban DraftKings and FanDuel from operating in the state.
"As our litigation continues, we expect an appellate court to see what we have known since the outset: DFS is a game of knowledge and skill, one that builds community and whose competitive spirit has become important to the lives of millions of people," DraftKings attorney David Boies said in a statement, as reported by ESPN. "Our ongoing appeal will make clear that daily fantasy contests require just as much skill as season-long contests, which the attorney general recognizes as perfectly legal under state law."
That being said, the attorney general doesn't plan on letting up on daily fantasy sports anytime soon.
"Having already obtained a preliminary injunction against these companies, we look forward to demonstrating to the appellate division that the trial judge was correct," the attorney general's office said in a statement to ESPN. "DraftKings and FanDuel are indeed operating illegal gambling operations in New York and should be permanently barred from doing business in New York."
Up until Monday, it seemed as if the appellate panel was going to favor the state in ruling that daily fantasy sports is indeed a form of illegal gambling, but the appellate's decision seemingly disagrees.
This should open up quite the interesting ordeal with the appellate division leading up to the appeal hearing in the Supreme Court in May.
However, for now ... DraftKings, FanDuel and their users can go ahead and do their best, but brief, touchdown dance in celebration.
