FanDuel, and it's rival DraftKings have come under fire by government officials who claim the sites that provide "daily fantasy sports," or DFS is a form of gambling, making it illegal in New York state.

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The statement was made in an injunction filed Tuesday in New York State Supreme Court.

FanDual stands by their business saying the company complied with state and federal law. Officials are fighting the injunction and will be in court next week, the Wall Street Journal reported.

Until it is decided, New Yorkers who are members of FanDual can withdraw their money for free from their accounts.

The sites set prices on athletes based on their talent and opposition. Customers use a budget to fill out lineups before games, hoping they pick a team that will outperform other members of the fantasy sites, the Wall Street Journal reported.

DraftKings and FanDual will be in court Nov. 25, where a judge is expected to rule if they have to stop or can continue offering the option of playing to New Yorkers as primary case moves through the judicial system, ESPN reported.

DraftKings is still doing business with New York members of its site.