DAVID A. PATERSON
‘Govennon:
‘STATE OF NEw York
October 6, 2010
VIA ERTIFIED MAIL
Honorable Barry E. Snyder, Sr.
President of the Seneca Nation of Indians
12837 Route 438
Cattaraugus Territory, Seneca Nation
Irving, NY 14081
Honorable Barry E. Snyder, Sr.
President of the Seneca Nation of Indians
P.O. Box 237
Salamanca, NY 14779
Re: Notice of Claim
Dear President Snyder:
This is to invoke the negotiation provision of paragraph 14(b) of the Nation-
State Gaming Compact between the Seneca Nation of Indians (the “Nation”) and the
State of New York (the “State”), for the Nation’s continued nonpayment of past due
State contributions for 2009 and 2010.
As Governor Paterson indicated in his September 17, 2010 letter to you, the
‘Nation’s past due amount to the State for exclusivity payments for 2009 is
approximately $105,500,000, and the Nation owes the State approximately
$108,665,000 for 2010. These non payments, coupled with the Nation’s failure to remit
in timely fashion the State exclusivity contributions from past, uncontested calendars,
constitute a material, uncured breach. Accordingly, in the absence of a prompt
resolution to this matter, the State is entitled to terminate the Nation-State Gaming
Compact.
‘We are hopeful the Nation will agree to meet within 14 days of receipt of this,
letter to negotiate in good faith and attempt to reach a prompt solution. Otherwise, in
EXECUTIVE CHAMBER STATECAPITOL ALBANY 12224
‘worn. gov
PETER J. KIERNANaccord with the Nation-State Gaming Compact, the State will commence arbitration and
seek a finding of material breach.
Veh
\
Peter J. Kiernan