Statement from Peter J. Kiernan, Counsel to Governor David A. Paterson

ALBANY, NY (11/26/2010)(readMedia)-- "The contingent agreement announced this week settling a 150 year land claim of the Stockbridge-Munsee Community, Band of Mohican Indians, and extant litigation with the State of New York is welcome news.

"Monday's announcement was nearly a decade in the making and began in 2001 when the State Legislature passed and then-Governor Pataki signed into law a bill authorizing up to three casinos in the Catskills. The draft environmental impact statement for this specific project was made public in 2005 and the Local Services Agreement between the Tribe and Town of Thompson has been widely publicized and heralded. There have been 11 public meetings or briefings on this project.

"While the settlement of the land claim and the signing of a gaming compact are positive steps, these agreements are contingent on approval by the Secretary of the Interior and will not be legally effective until approved. Therefore, the litigation settlement agreement and gaming compact are not final documents.

"This necessarily is a matter of lawyers working to settle litigation. Settlement discussions and documents must remain confidential pursuant to the canons of ethics, the rules of the courts and the laws of evidence. I am constrained, just as the lawyers for the Tribe and the lawyers for the Department of the Interior are constrained, from releasing anything that constitutes the settlement of litigation until it becomes effective.

"When these documents are final and effective, they will be released to the public in keeping with this Administration's policies on transparency and accountability."

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