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SARATOGA COUNTY v. PATAKI

275 A.D.2d 145 (2000)

712 N.Y.S.2d 687

SARATOGA COUNTY CHAMBER OF COMMERCE, INC., et al., Appellants, v. GEORGE PATAKI, as Governor of the State of New York, et al., Respondents, et al., Defendant. (Action No. 1.) KEITH L. WRIGHT, as Member of the New York State Assembly, et al., Appellants, v. GEORGE E. PATAKI, as Governor of the State of New York, et al., Respondents, et al., Defendant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 24, 2000.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany (Cornelius D. Murray of counsel), for Saratoga County Chamber of Commerce, Inc. and others, appellants.

Jay Goldberg, New York City, for Keith L. Wright and another, appellants.

Eliot Spitzer, Attorney General, Albany (Andrew D. Bing of counsel), for respondents.

CARDONA, P.J., CREW III, SPAIN and LAHTINEN, JJ., concur.

OPINION OF THE COURT

MERCURE, J.

I.

The Indian Gaming Regulatory Act (25 USC § 2701 et seq. [hereinafter IGRA]) was enacted in 1988 for the declared purpose of "provid[ing] a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments" (25 USC § 2702 [1]), while at the same time "provid[ing] a statutory basis for the regulation...

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