Tribal Gaming not allowed to intervene in New York case

new yorkBiz Journals – The latest ruling in the ongoing battle of the legality of a casino in downtown Buffalo was made but resolution of the eight-year-old case doesn’t seem any closer.

A motion made by the National Indian Gaming Commission to intervene and be a party to the lawsuit by Citizens Against Casino Gambling in Erie County was denied May 28 by the U.S. Court of Appeals, Second Circuit. The commission, however, was granted the ability to file amicus curiae brief, which can be presented by an entity interested in influencing the outcome of a lawsuit but who is not a party to it.

John LaFalce, former member of the U.S. House of Representatives and casino opponent, said the ruling prohibits the Seneca Nation of Indians from engaging in any further stall tactics on an appeal from the citizens’ group, filed last year, seeking to overturn federal Judge William Skretny’s ruling that the Seneca Buffalo Creek Casino is not an illegal operation. Skretny had twice previously ruled in favor of the citizens’ group.

The commission has until the end of August to submit a brief in response, LaFalce said. After that, a decision could be made on the oral arguments heard by the Second Circuit, he said.

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