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CHAMBER OF COMMERCE v. PATAKI

293 A.D.2d 20 (2002)

740 N.Y.S.2d 733

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

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

May 2, 2002.

Attorney(s) appearing for the Case

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

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

Jay Goldberg, New York City, for Keith L. Wright and others, respondents.

PETERS, SPAIN, CARPINELLO and LAHTINEN, JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

The question on this appeal is whether, as the result of the interaction of gaming policies established by the State's Constitution and statutes and federal law, defendant Governor had the authority to execute a Tribal-State compact and amendment with the St. Regis Mohawk Tribe (hereinafter Tribe), allowing certain class III gaming activities on the Tribe's reservation. We hold that because the basic policy decisions underlying...

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