JOSEPH DALTON et al., Appellants-Respondents,
v.
GEORGE PATAKI, as Governor of the State of New York, et al., Respondents-Appellants, et al., Respondents. (Action No. 1.)
MRS. LEE KARR, Appellant-Respondent,
v.
GEORGE PATAKI, as Governor of the State of New York, et al., Respondents-Appellants, et al., Respondents. (Action No. 2.)
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 21, 2005.
Decided May 3, 2005.
Attorney(s) appearing for the Case
O'Connell and Aronowitz, Albany (Cornelius D. Murray and James A. Shannon of counsel), for appellants-respondents in the first above-entitled action.
Eliot Spitzer, Attorney General, Albany (Caitlin J. Halligan, Daniel Smirlock, Gregory Silbert and Marcus J. Mastracco of counsel), for State respondents-appellants in the first above-entitled action.
Bleakley Platt & Schmidt, LLP, White Plains (Frederick J. Martin, Robert D. Meade and Susan E. Galvão of counsel), for Yonkers Racing Corporation, respondent-appellant in the first above-entitled action.
Jay Goldberg, P.C., New York City (Jay Goldberg and Faith A. Friedman of counsel), for appellant-respondent in the second above-entitled action.
Hodgson Russ LLP, Buffalo (Kevin M. Kearney and Kathleen Sellers of counsel), for Finger Lakes Racing Association, Inc., respondent-appellant in the first and second above-entitled actions.
Gibson, Dunn & Crutcher LLP, New York City (Randy M. Mastro of counsel), for intervenor-respondent in the second above-entitled action.
Daniel T. Warren, West Seneca, amicus curiae pro se in the first above-entitled action.
Law Offices of Neal Brickman, New York City (Neal Brickman of counsel), Mintz & Gold, LLP (Vito J. Titone, Jr. of counsel), and Meyer, Suozzi, English & Klein, P.C., Mineola (Michael A. Ciaffa of counsel), for Standardbred Owners Association, Inc. and others, amici curiae in the first and second above-entitled actions.
Featherstonhaugh, Wiley, Clyne & Cordo, LLP, Albany (Randall J. Ezick of counsel), for New York Thoroughbred Horsemen's Association, Inc., amicus curiae in the first and second above-entitled actions.
Before: Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO and READ concur with Judge CIPARICK; Judge G.B. SMITH dissents in part and votes to modify by declaring part B of chapter 383 of the Laws of 2001 unconstitutional in a separate opinion; Judge R.S. SMITH dissents in part and votes to affirm in another opinion in which Judge G.B. SMITH concurs in so much thereof as pertains to part C of chapter 383 of the Laws of 2001.
Court of Appeals of the State of New York.
OPINION OF THE COURT
CIPARICK, J.
In 2003, we addressed whether the Governor had the authority to enter into compacts with Indian tribes pursuant to the federal Indian Gaming Regulatory Act of 1988 (IGRA) (25 USC §§ 2701-2721; 18 USC §§ 1166-1168) allowing casino gaming on Indian lands within the state (see Saratoga County Chamber of Commerce v Pataki,100 N.Y.2d 801<...
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