For the seventh time, a governor of New York State has vetoed a bill that would have provided for reinstatement and acknowledgement of the Montaukett Indian Nation, a recognition lost 115 years ago in a ruling that former Assemblyman Fred W. Thiele Jr. has called one of the most racist decisions ever issued by a New York court.
In a statement announcing her fourth veto of the bill, Gov. Kathy Hochul referred to her prior veto, one year ago, of a similar bill. “In my previous veto message, I pledged to work with the Montaukett community regarding this issue,” she wrote. “I take seriously the responsibility of determining whether to recognize a Native American tribe, which would be a sovereign nation. However, at this time, there are still outstanding questions and issues concerning the Montauketts’ eligibility for recognition according to traditional criteria.”
The governor’s predecessor, Andrew M. Cuomo, vetoed similar legislation three times.
The governor’s statement, issued on Friday night, acknowledges the 1910 ruling in which the tribe was declared extinct. In Pharaoh v. Benson, Justice Abel Blackmar sided with descendants of Arthur Benson, a developer, in awarding them Montaukett tribal lands. The governor’s message includes a pledge, once again, to continue to work with the Montauketts, but concludes with the declaration that “I am constrained to veto this bill.”
In a press release provided to The Star by Sandi Brewster-walker, the Montaukett Indian Nation’s executive director and government affairs officer, the Montauketts said that “just before our bill was delivered to the governor’s office it seems her team claimed they could not find any of our submitted information from 2018 to 2025. Upon hearing this, it is hard to explain how disrespected our nation felt at that moment.”
“The governor’s team continues to lack a knowledge of the history, and an understanding of the Long Island Native American people,” the Montauketts complained. “At one point over the last two days, our attorney had to email the governor’s team with a memorandum, providing” . . . a basic overview of legal principles and foundational concepts regarding tribal sovereignty, which New York State does not have the power to confer on the Montaukett Indian Nation. New York State may, however, recognize a government-to-government relationship with the nation, acknowledging the nation’s inherent tribal sovereignty.”
The statement sought to remind the governor’s team that the bill was “a correction of historical errors.” State recognition is not about granting rights, it said, but rather “the state restoring a relationship that was illegally and unjustly severed.” The state “continuing to allow the ruling of Judge Blackmar to remain in effect over the Montaukett Indian Nation
Assemblyman Tommy John Schiavoni, who sponsored the bill in the Assembly, issued a statement on Saturday calling the governor’s veto “deeply disappointing.” For years, he said, “there has been broad support for a viable solution for reinstating recognition by New York State to the Montauketts — recognition that was wrongfully stripped from them over 100 years ago. I am committed to correcting this injustice, and together with the Montauketts, we will continue to seek reinstatement.”
In 2026, he said, “I look forward to continuing conversations with the governor’s office and with the Montauketts on how New York State can restore respect and honor to the sovereign people of the Montaukett Nation.”
Senator Anthony Palumbo sponsored a companion bill in the State Senate, which passed it by a vote of 59 to 1. The Assembly bill had passed by a unanimous vote.
Mr. Schiavoni’s predecessor, Mr. Thiele, said on Monday that he has continued to work with and advise the Montauketts since leaving office at the end of 2024. “One, I’m disappointed,” he said, “and two, I’m pretty angry, because I’ve never seen an elected official, in this case the governor, treat their constituents, and by that I mean the Montauketts, with such cynicism and disregard.”
“Franky, this legislation, it’s a layup,” he said. “It’s not a heavy lift. It’s correcting a wrong that’s over a century old and didn’t require the governor or state to do anything.” He pointed to the governor’s counsel’s office, where he suspects that those who crafted the initial veto “just won’t admit they’re wrong. They double down every year. You have some people in the governor’s office who I think legitimately tried to help. But then it would get to counsel’s office, and they’d never be willing to admit their original veto was wrong.”
He admitted to being at a loss as to how to proceed. “I don’t know what to tell the Montauketts as far as the next step,” he said. “It’s just disappointing, and you understand why people have such a low regard for government, when an elected official acts like this.”
