Legal Opinion

Dalton v. Pataki

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 2004PublishedCited by 13 opinions

1Opinion of the Court

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 NY2d 801 [2003], cert denied 540 US 1017 [2003]). The Court concluded that the negotiation of such compacts involves issues affecting the health and welfare of state residents, implicating policy choices that lie solely within the province of the Legislature (id. at…

2Cases cited64 opinions

  1. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  2. Printz v. United StatesSupreme Court of the United States · 1997
  3. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  4. Hess v. Port Authority Trans-Hudson CorporationSupreme Court of the United States · 1994
  5. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991

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3Cited by13 opinions

  1. Dalton v. PatakiNew York Court of Appeals · 2005
  2. United States v. DiCristinaCourt of Appeals for the Second Circuit · 2013
  3. Carruthers v. FlaumDistrict Court, S.D. New York · 2005
  4. Catholic Charities of the Diocese of Albany v. SerioAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007

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