State of NEW YORK, New York State Racing and Wagering Board, and New York State Department of Environmental Conservation, Plaintiffs-Appellees, Town of Southampton, Consolidated-Plaintiff-Appellee, v. SHINNECOCK INDIAN NATION, Lance A. Gumbs, Randall King, Karen Hunter, and Frederick C. Bess, Defendants-Appellants, 701 F.3d 101

ORDER Following disposition of this appeal on June 25, 2012, an active judge of the Court requested a poll on whether to rehear the case in banc. A poll having been conducted and there being no majority favoring in banc review, rehearing in banc is hereby DENIED. Peter W. Hall, Circuit Judge, joined by José A. Cabranes and Rosemary S. Pooler, Circuit Judges, dissents by opinion from the denial of rehearing in banc.