DALTON v. PATAKI


11 A.D.3d 62 (2004)

780 N.Y.S.2d 47

JOSEPH DALTON et al., Appellants, v. GEORGE PATAKI, as Governor of the State of New York, et al., Respondents. (Action No. 1.) LEE KARR, Appellant, v. GEORGE PATAKI, as Governor of the State of New York, et al., Respondents. (Action No. 2.)

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

July 7, 2004.


Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany (Cornelius D. Murray of counsel), for Joseph Dalton and others, appellants in Action No. 1.

Jay Goldberg and Debra A. Karlstein, New York City, for Lee Karr, appellant in Action No. 2.

Eliot Spitzer, Attorney General, Albany (Caitlin J. Halligan of counsel), for George Pataki and others, respondents.

Gibson, Dunn & Crutcher L.L.P., New York City (Randy M. Mastro of counsel), for Park Place Entertainment Corporation, respondent.

Hodgson Russ L.L.P., Buffalo (Kevin M. Kearney of counsel), for Finger Lakes Racing Association, Inc., respondent.

Marvin Newberg, Monticello, for Monticello Raceway Management, Inc., respondent.

Harris Beach L.L.P., Pittsford (Heidi Schult Gregory of counsel), for Mid-State Raceway, Inc., respondent.

Bleakley, Platt & Schmidt L.L.P., White Plains (Frederick J. Martin of counsel), for Yonkers Racing Association Corporation, respondent.

CARDONA, P.J., PETERS, SPAIN and CARPINELLO, JJ., concur.


OPINION OF THE COURT

MERCURE, J.

These consolidated actions have their roots in a prior Court of Appeals decision holding that defendant Governor lacks the authority to unilaterally execute tribal-state compacts with Indian tribes to allow casino gaming on Indian reservations (see Saratoga County Chamber of Commerce v Pataki, 100 N.Y.2d 801 [2003], cert denied ___ US ___, 124 S.Ct. 570 [2003]). The Court...

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