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(Cite as: 21 A.D.3d 1387)

Peterman v. Pataki
N.Y.A.D. 4 Dept. 2005.

Supreme Court, Appellate Division, Fourth Department, New York.

Scott PETERMAN, Upstate Citizens for Equality, Inc., and Persons and Entities Similarly Situated, Plaintiffs-Respondents,

v.

George PATAKI, Governor of State of New York, New York Racing and Wagering Board and Division of State Police, efendants-Respondents.

Oneida Indian Nation of New York and Ray Halbritter, Appellants. (Appeal No. 1.)

Sept. 30, 2005.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (James W. McCarthy, A.J.), entered August 25, 2004. The judgment, insofar as appealed from, denied the motion of Oneida Indian Nation of New York and Ray Halbritter to dismiss the third amended complaint upon the grounds of failure to join an indispensable party and lack of a justiciable controversy.

Zuckerman Spaeder, LLP, Washington, D.C. (Elizabeth Taylor, of the Washington, D.C. Bar, admitted pro hac vice, of counsel), and Mackenzie Hughes LLP, Syracuse, for appellants.

O'Connell and Aronowitz, Albany (Cornelius D. Murray of counsel), for plaintiffs-respondents.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without *213 costs for reasons stated in decision at Supreme Court.