In Saratoga County Chamber of Commerce, Inc. v. Pataki,[1]� a unanimous panel of the Appellate Division, Third Department decided arguably the most significant litigation involving the regulation of gambling casinos on Indian lands in New York State. In its ruling, the court invalidated a 1993 tribal-state gaming compact between the St. Regis Mohawk Tribe and the State of New York and a 1999 amendment thereto because they had been signed by Governors Mario Cuomo and George E. Pataki, respectively, without the specific concurrence or approval of the Legislature.
According to the court, the governors lacked the power to execute the compact and amendment as a matter of New York constitutional law; only the Legislature has the power to set statewide gambling policy. New York’s governor lacks the residual power afforded to governors of some other states and cannot “authorize” gaming on Indian lands without legislative approval, the court ruled. The decision was based chiefly on a handful of decisions from other states, having similar state constitutions and similarly empowered governors.
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