The OIN appealed this decision to the Appellate Division, which affirmed the lower court. In Pataki, the New York State Supreme Court held that despite Cuomo's representation and belief that legislative approval was unnecessary, the compact was not valid because the state legislature had not approved the same. UCE challenged the compact's validity because the state legislature failed to approve the compact, pursuant to the New York State Constitution. To do so, OIN negotiated a gaming compact with then Governor Mario Cuomo in 1993 a prerequisite to creating an Indian casino pursuant to the Indian Gaming Regulatory Act (IGRA).
The OIN wanted to take advantage of expanding the original bingo hall into a full casino, which would include Class III gaming. Until the Novemelection that amended the New York State Constitution, state law prohibited gambling, particularly class III gaming.
