CHAMBER OF COMMERCE v. PATAKI


100 N.Y.2d 801 (2003)

798 N.E.2d 1047

766 N.Y.S.2d 654

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, as Member of the New York State Assembly, et al., Respondents, v. GEORGE E. PATAKI, as Governor of the State of New York, et al., Appellants. (Action No. 2.)

Court of Appeals of the State of New York.

Decided June 12, 2003.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Andrew D. Bing, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for appellants in the first and second above-entitled actions.

O'Connell and Aronowitz, Albany (Cornelius D. Murray, Jeffrey J. Sherrin, James A. Shannon and Robert T. Fullem of counsel), for respondents in the first above-entitled action.

Jay Goldberg, P.C., New York City (Jay Goldberg and Debra A. Karlstein of counsel), for respondents in the second above-entitled action.

Zuckerman Spaeder LLP, Washington, D.C. (William W. Taylor, III, Elizabeth G. Taylor and Michael R. Smith of counsel), for Oneida Indian Nation, amicus curiae.

Chief Judge KAYE and Judge CIPARICK concur with Judge ROSENBLATT; Judge SMITH concurs in part and dissents in part in a separate opinion, dissenting as to part VIII of Judge ROSENBLATT'S opinion; Judge READ dissents and votes to dismiss the actions in another opinion in which Judges WESLEY and GRAFFEO concur.


OPINION OF THE COURT

ROSENBLATT, J.

On this appeal we address the authority of the Governor to enter into agreements with Indian tribes to permit casino gaming on Indian reservations. Plaintiffs are legislators, organizations and individuals opposed to casino gambling. In challenging the Governor's authority, they contend that by negotiating and signing the agreements without legislative authorization or...

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