NEW YORK STATE SENATE

JOSEP H L. BRU NO
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PRESI DENT PRO TEMAND
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04/03/02
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To - Abe Lackman - _

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Remar ks:
FYI

Cc: Ken Ridden

GOVERNMENT
EXHIBIT

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 CAY\VIL GROUP, L.L.C.
GAMING & (ASrNO MANAGEMENT

March 27, 2002

APR 0 i 2UQ2
Honorable Joseph Bruno Cf;;',::: :Jf
President Pro Tern and Majority Leader TE~APORARYPRESIDENT
New York State Senate
Legislative Office Building
Room 909
Albany, New York 12247

Dear Senator Bruno:

On behalf of the Seneca-Cayuga Tribe and its development team, thank you for
meeting with us last week to discuss the Tribe 's interest in developing a gaming facility
in Niagara Falls and in the Tribe's claim area.

In reviewing our discussion, it has become clear that there is considerable

confusion regarding the Governor's commitment to deal exclusively with the New York
Senecas in western New York . To be blunt, the MOU between the Governor and
Senecas does not limit the Governor or the Legislature, for the matter, from dealing with
the Seneca-Cayuga Tribe.

The first paragraph of the MOV states "nothing herein shall be binding upon
either party, unless and until the same is formally ratified according to procedures
implemented by each party for doing so."

Moreover, the paragraph titled " Exclusivity and Revenue Share" states "unless
any other federally recognized Indian Nation with a reservation located within the State
of New York as of the effective date of the Compact seeks a Gaming Compact with the
State, the State agrees that the Nation shall enjoy total exclusivity with regard to
electronic gaming devices".

It seems clear that any exclusivity with the Seneca Nation of Indians is not created
by the MOU but by a subsequent Gaming Compact. We all know that such a Compact
has not been negotiated and ratified by either the State of the Seneca Nation. It is equally
clear the Governor did not surrender his authority to negotiate a Compact with another
Indian Tribe. Quite the contrary, the MOU anticipates that the Governor may do so.

1265 Sconsville Road' Rochester, New York 14624 .. 585.i1 64.9400

The Honorable Joseph Bruno
Page Two
March 27, 2002

In sum, there is no legal impediment barring the Governor from entering into a
Compact with the Seneca-Cayuga Tribe.

Again, thank you for your time and attention.

Very truly yours,

.e: Jv.)
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Thomas Wilmot