New York state's Supreme Court on Monday allowed two fantasy sports websites to remain in operation while a legal battle plays out over whether they are illegal gambling enterprises or games of skill.

In a similar move in December, a New York appeals court suspended an order that would have forced the DraftKings and FanDuel websites to cease operations, but that suspension was only temporary.

New York state officials are seeking to shut down the sites, claiming they are in fact gambling operations illegal under state law.

The companies, however, say they are games of skill rather than gambling enterprises.

The state of Nevada has already shut down their operations following a similar investigation and Illinois has declared them illegal.

Fantasy sport sites that allow betting are already illegal in five other states.