ALBANY – New York governors lack authority to bind the state into tribal gaming compacts absent legislative approval, an appellate panel in Albany held yesterday. The 5-0 decision by the Appellate Division, Third Department, affirms the trial court and effectively thwarts the expansion of casino gambling in New York State.
Justice Thomas E. Mercure, observing that courts in several states have ruled similarly, said that absent constitutional authority reserving residual powers to the executive, a governor simply cannot negotiate and enforce gaming compacts without legislative approval.
