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Given the blend of people, the mix of cultures, the liberty of opinions, the open-mindedness and the renowned flair for profitable business, this state is known to have, we would have thought that New York online casinos would be a custom option by now. Fact is though that the state indeed shares the mixed view that the whole nation holds on the United States online gambling. NY has casinos and race tracks, an expanded charitable gaming structure and was one of the first states in the country to organize a state lotto. However, it seems it has a tough time keeping up with the novelties in this field, since sports betting and online gambling NY hasn’t managed to legalize by now, although, the fair is to say, not for lack of trying in some regards.

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Contents

NY Gambling Laws

The state of NY has a number of Indian tribes which have taken on the opportunity created by the Indian Gaming Regulatory Act and have started businesses in their reservations, in the form of land-based casinos. This law states, among other important regulations, that no corporate tax is to be paid by tribal casinos, which make for a great business, up from the start. Unfortunately, being passed in 1988, this bill says nothing about online gambling in NY, which creates quite a predicament for these newly emerged websites, as we’ll see next.

At first glance, there is a somewhat chaotic display of gambling opportunities across the state. NY City has a population of over 8.5 million, with an approximate number of 67 million tourists predicted in 2019. All these people only have access to the staggering number of 2 casinos in the NY City metropolitan area: Resorts World Queens and Empire City Casino. With these numbers in mind, the question of whether can you gamble online seems to only have one logical answer. Less fortunate for players, the authorities that are responsible for passing New York online gambling laws, don’t see the need for creating additional options of wagering.

The Gaming Commission and authorities won’t license any other casinos here, in order to not undermine the already dwindling business of the upstate tribal casinos. Many analysts predict a saturation of the gaming market with the number of optimal casinos being overpassed, based on revenues dropping for some of the newest opened establishments. The first appeared tribal casinos blame the decreasing of incomes on the newly created businesses, which they feel have dissipated the offer for gambling options. This being a general feeling, there is no chance of them agreeing to extra competition, be it the opening of new casinos, or the legalization of online casinos NY.

Legislation Terms

Swiftly looking through the legal language used for the defining of approved gambling, the concept of “contest of chance” appears. Therefore, any activity, that trades anything of material value, which is bound to offer an outcome which is, totally or partially, affected by chance, is forbidden.

There are a couple of exceptions mentioned, such as the race tracks betting and charitable gaming. The classic casinos might have been included in the banned category, only they are protected under the Indian reservations’ federal law mentioned above. And real money casinos online that pay real cash in New York don’t fall under the same regulations and are therefore prohibited.

The contest of chance stated affects the online sports betting market as well, regardless of the latest Supreme Court decision that leaves sports booking in the state’s regulators responsibility. Actually, the concept has such a large interpretation, that even social gaming is considered illicit as long as a fee or material winnings are involved. If PlayMGM is forbidden in this state, what expectations could we have on NY online gambling?

Considerations on Online Gambling

This subject has always had a special status, and many have wondered: is online gambling legal in NY? In fact, the recent decade has brought a thorough debate on the legalization of online poker, although opening NY online casinos has never a discussed issue so far.
The battle towards establishing scenery for legal online gambling in NY has been in the detriment of the idea’s supporters. A bill which proposed seeing poker as a game of skill and thus over passing the contest of chance terminology has been passed two times in Senate already, only to be shut down in General Assembly. The 2019 bill makes it the seventh year in a row when trying to regulate poker games and although we can’t predict its chances of succeeding, at least the fact that law-makers proposing this don’t back down, gives us hope of change.
But this struggle doesn’t mean there aren’t any ways of enjoying the perks of online betting. There is a constantly increasing number of offshore online gambling sites, licensed in countries where this activity is not frowned upon, that offer their services to US residents, New York state’s population as well. There are some specifications to be wary about, but this is available for any other website that involves real money transactions: verify that the site is licensed, verify that it displays security measures, check other user’s reviews, or read the specialized sites’ reviews and see if they’re on any blacklists. We gathered such information on our website. And you definitely have to check out our Bovada Casino review. Bovada is legal in New York and is one of the best online casinos for US players.

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Offline Gambling

Traditional casinos

The status of tribal casinos being protected, as mentioned earlier, makes them hold a sort of monopoly on New York slots. Along with the 17 casinos owned by various tribes, such as Seneca or Oneida, nine racinos are also available for players, in this state. The revenues of some of these racinos have seen a drop in figures, making most struggle and creating a wave of discontent among other casino owners across the state. They all believed the market couldn’t stand for any more venues of sorts, without creating a dent in their current enterprises. This is hardly the best scenario for New York online casino concept to come into the stage.

Race Tracks and Off-track Betting

New York State gambling stage also holds race tracks, among the racinos mentioned above. The Belmont Park horse track hosts one of the prestigious derbies in the country. Off-track betting is also available in more than one location statewide, with simulcasting more than 200 tracks across the country. For this area of online gambling, NY could have used the benefits of the Internet to create easier access for those willing to bet.

Charitable Gaming

Talking about gambling in NYC wouldn’t have been complete, without mentioning a category also stipulated in the exceptions part in the law on wagering: raffles and bell jar games. With prizes that are limited to 6000 USD per game for raffles and 1000 USD for the simplest bell jar game, these are most popular among the NY population. Starting 2018, the online sale of raffle tickets has been made available, hopefully meaning a first baby step towards being able to gamble online NY.

Social Gaming

There has been news about private gatherings in celebrities’ flats that the police have raided on account of playing illegal poker. So, instead of inviting friends over for a nice Hold’em, ask yourself: perhaps is it legal to gamble online? Of course, that as long as no rake or table fees are required, no one is going to raid you friendly to get together. As well as playing with your friends in any private room in an online casino for New York residents, is not a problem by any US law.

Future Prospects

New

Online Poker

Is online poker legal in NY, remains a query with a negative answer still? Although, thus far, many have tried to change the New York online gambling laws. A solid proof to sustain this was the newest 2019 bill which aims at deeming poker a game of skill. However, the road towards creating the first NY online casino lies far ahead still, seeing how not even a discussion on this aspect has taken place.

Sports Betting

Players in the field of online sports betting in New York seem to hold a higher hope of success. Since the Supreme Court ruling in 2018, many deals between grand operators in Las Vegas and local casinos have been made, hoping for a shift in the view on sports booking. With an additional lobby, the lawmakers might just take a second look at their decisions and perhaps start influencing the online betting in NY market.

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FAQ
❓ Are casinos legal in New York?

Yes. Gambling in New York is monopolized by a number of tribal casinos and race tracks casinos. These are the places where all New York slot machines, as well as table games, can be found. Additional to these, lots of places where charitable organizations hold raffles are spread around the state. Unfortunately, when it comes to online casinos NY has a dramatic shortage.

❓ Is gambling legal in New York in places other than tribal casinos?

Yes. Gambling in NY State is also available in establishments known as racinos that combine race tracks with casinos. Also, there are a number of online casinos licensed in other countries, which welcome NY players.

❓ Is online gambling legal in NY?

Although Internet gambling is not legalized in this state, there is the possibility of accessing a number of online casinos for real money by NY residents. These virtual casinos are licensed in trustworthy countries such as Canada, Malta or Curacao and offer increased security measures for protecting players’ personal and financial data.

❓ What is the minimum legal gambling age in NY?

18 is the New York State gambling age for lottery and bingo, while casinos can establish a minimum age restriction starting with 18 to 21 years old.

❓ What are the accepted ways of transferring money in and out of the account in online casino for NY residents?

For those playing in any New York online casino accepting residents, it’s easy to access their winnings, although it might take a bit longer to receive the actual money, because the means to do so, require a couple of days to come through: bank checks, bank transfers. The fastest ways to get your money in possession are by transferring them to debit or credit cards, or money transfers, but on account of extra security measures, some websites don’t offer these means as a viable option.

❓ Are laws favourable for gambling expansion in the near future?

There is a bill proposed this year, as has been one in every year for the past 7, which would regulate online poker being seen as a game based entirely on skill. This would take online poker out from under the limitations set by the “contest of chance” concept stated in the laws on gambling. Also, a general feeling of hopefulness is felt, regarding sports betting, with many deals signed between powerful Nevada casinos and state-based establishments, that in the event of a favourable regulation, sports booking facilities to be put in place. Unfortunately, on the matter of setting the first online casino NY law-makers haven’t said a word so far, making it unlikely that anything should happen in this direction, in the near future.

Turning Stone Resort Casino
Location in central New York
Location Verona, New York
Address 5218 Patrick Road
Opening dateJuly 16, 1993; 27 years ago
No. of rooms709 (across four hotels)[1]
Total gaming space125,000 square foot Las Vegas-style gaming floor
Signature attractionsPGA-quality golf course, spa, showroom, and 5,000-seat arena
Notable restaurantsTS Steakhouse, Tin Rooster
Casino typeLand-based
OwnerOneida Indian Nation
Renovated in1997 (addition of hotel)
2004 (second hotel tower)
2010-2012 (renovation of existing hotel building)
Coordinates43°06′54″N75°35′20″W / 43.115°N 75.589°W
Websiteturningstone.com

Turning Stone Resort Casino is a resort owned and operated by the Oneida Indian Nation (OIN) in Verona, New York.

The facility opened on July 20, 1993, and offers golf amenities (on- and off-site golf courses, one of PGA Tour quality, and an indoor golf dome), an RV park, an amusement arcade, many restaurants, spas, Bingo, Keno, table games, and many types of reel and video slot machines. Until the Seneca Niagara Casino opened in 2002, it was the only land-based casino in New York. Adjacent to exit 33 of the New York State Thruway, the resort is a popular tourist destination in central New York State and has received numerous awards in the industry.

Construction and expansion[edit]

The casino, and associated hotel for visitors and conventions, was conceived as a revenue-generating enterprise to aid in economic and social development of the OIN. It was developed at a time when Native American sovereignty and the right to establish gaming casinos on reservations had survived court challenges. Development of the casino was opposed from within and outside the OIN. As a fall-back plan, the OIN had the casino designed so that it could be adapted as a small shopping mall, if necessary. Ultimately, the OIN decided not to add a shopping mall because online shopping has diminished patronage to shopping malls.[2]

The land upon which the casino is located was acquired from Ibrahim Batca and his family in two transactions in 1992 and 1993.[3] Construction of an on-site hotel and a bingo hall began in 1994. The Bingo Hall's construction was completed in 1995. Disagreements over the hotel plans delayed its construction for a year.[4] The hotel's original design plans had the hotel and casino separate, connected only by an outdoor walkway. Because of the delay, the hotel plans were re-designed to combine the hotel and casino into one structure. This new design allowed the Oneida Indian Nation to offer more services, including a pool, a spa, and a gym. Additionally, the combination created a larger and more formal lobby to serve both the hotel and casino to be one structure.

In 1997 the OIN paid for construction of a water tower near the casino and donated it to the Town of Verona, as one of their community contributions. The water tower has a capacity to hold 1,000,000 gallons of water. In 2005 the OIN consumed 600,000 gallons per day, which was four times the amount guaranteed to them under an agreement with the Town of Verona. In about July 2005 the Town of Verona notified the OIN that after 5:00 p.m. on August 2, 2005, the water would be shut off after the tribe had used the 150,000 gallons of water that is guaranteed under the agreement. Just hours before this deadline, the OIN began paying for a new water pump to be installed to provide the needed water capacity for the casino and resort.[5]

In 2002 construction of a gaming expansion and showroom were completed to provide the only Ticketmaster-approved venue in the area.[6] The popularity of the casino provided sufficient revenue for the OIN to build second and third hotels at the site to satisfy demand. Construction of the new hotel was finished in late 2004. One of the hotels is the tallest structure between Syracuse and Albany to serve the common guest; the other hotel is a luxury resort that caters to golf customers and fans.[7] DeSimone Consulting Engineers is the structural engineering firm for the project. [8]

Entertainment[edit]

The Turning Stone Casino and Resort hosted NESN and YES Network's Boston vs. New York Poker Challenge for two seasons.

The casino hosts several shows throughout the year, featuring musicians (KISS, Kelly Clarkson, Carrie Underwood, Fergie, Mariah Carey, Gwen Stefani, No Doubt, Jordin Sparks, Alicia Keys & Wayne Newton), comedians and other entertainment groups (Purrrfect Angels).The Irish Rovers played their two 2014 St Patrick's Day Concerts at the resort.

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The resort's Atunyote Golf Club, located on tribal land, hosted the Turning Stone Resort Championship, a PGA Tour event, from 2007 through 2010. It was dropped from the tour schedule over a 2011 scheduling dispute.[9] In 2006, it hosted the B.C. Open on the PGA Tour in July and the PGA Professional National Championship, which returns in 2016.[10]

Legal issues[edit]

The casino's early success met opposition from New York State, Oneida County, Madison County, Vernon town government, and a citizens' group called Upstate Citizens for Equality (UCE). Several lawsuits were commenced that challenged the casino's legal authority to operate.

The tribal-state gaming compact[edit]

Until the November 5, 2013 election that amended the New York State Constitution, state law prohibited gambling, particularly class III gaming. The OIN wanted to take advantage of expanding the original bingo hall into a full casino, which would include Class III gaming. 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). UCE challenged the compact's validity because the state legislature failed to approve the compact, pursuant to the New York State Constitution.[11] 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. The OIN appealed this decision to the Appellate Division, which affirmed the lower court. The Appellate Division granted leave to appeal to the Court of Appeals, which affirmed the Appellate Division's decision. After the Court of Appeals decision, the OIN petitioned the US Supreme Court to review the decision, but the high court denied certiori.

The OIN argued that the US Secretary of the Interior approved the compact and that removed the need for the state legislature's approval. The IGRA incorporates state laws into federal law. Specifically, 18 U.S.C.§ 1166 provides 'for purposes of Federal law, all State laws pertaining to the licensing, regulation, or prohibition of gambling, . . . shall apply in Indian country in the same manner and to the same extent as such laws apply elsewhere in the State.'[12] The Tenth Circuit held that the Secretary of the Interior's approval of a gaming compact has no impact on its validity because state law controls whether a gaming compact is valid.'[13] However, to date, the Second Circuit has not adopted this view in regards to the validity of a compact.[14] The Pataki case was a state court action, and did not receive review in the Second Circuit.

The OIN then sought relief with the U.S. Department of the Interior (DOI) Bureau of Indian Affairs (BIA). After many failed attempts to negotiate a settlement by an April 2007 deadline, the Department of the Interior launched its own investigation into the compact's validity. On June 13, 2007 when the Associate Deputy Secretary of the Interior declined to reconsider its approval of the compact, Mr. Cason stated, 'the 1993 Compact continues to be in effect for purposes of the IGRA'.[15] In UCE's lawsuit against the DOI, UCE challenged the DOI's decision regarding the compact's validity in addition to its challenge of the DOI's decision to take land into trust for the OIN.[16] The US Interior Department's position was that the June 13, 2007 correspondence was not the end of it reconsidering the validity of the tribal-state compact, but merely a suspension of its reconsideration.[17]

On August 7, 2007, in an action between New York State and the OIN, U.S. District Court Judge Kahn upheld Magistrate Treece's order directing the depositions of high-ranking officials and denying the State's motions. The decision also dismissed the Amended Complaint pleading, which attacked the Board's authority to amend the Compact due to Peterman and Seneca, on subject matter jurisdiction grounds. The fact that the amended complaint was dismissed on jurisdictional grounds deprived the court of the opportunity to address, directly, the compact's validity at the federal level. If the compact was invalid, then the Oneida Indian Nation would be violating federal law (operating a gaming facility without a tribal-state compact).[18] Such a violation of federal law would have provided the requisite subject matter jurisdiction (federal question) to address the amended complaint. Even though the State sought to enjoin the Nation from operating Instant Multi Game ('IMG') based on its failure to adhere to the procedures in the Compact,[19] the state has since dropped this case.[20]

In 2013, the OIN, New York State, and Madison and Oneida Counties reached a landmark agreement that resolved the ongoing issues regarding the tribal-state compact, taxing issues, and the land upon which the resort casino is built.[21] The agreement also ended all litigation pending between the three entities at the time of the agreement.[21]

Casino location site legality[edit]

In addition to whether the tribe-state gaming compact was valid, the other issue was whether the location chosen to conduct the gaming was legal. New York State Law forbade Class III gaming on lands within New York State. The casino was located on Indian Territory as defined in the IGRA. However, the issue was compounded in light of the City of Sherrill v Oneida Indian Nation US Supreme Court decision.[22] The DOI stated 'compact does not specifically refer to the site where ... the Nation has built a major new facility in anticipation of being able to conduct gaming in the future. Since the compact tracks the [IGRA's definition of 'Indian lands'], we ... take no position with regard to whether this new facility is on 'Indian land' as that term is used in IGRA'.[23]Justice Ginsburg opined that although the land was part of the original tribal land grant of the 1796 Treaty of Canadagua, 200+ years in non-Indian control was too long a time for the Oneida Indian Nation to re-establish its immunity over those lands once it re-acquired the ownership of those lands. As directed in the Sherrill decision, the OIN applied to the DOI to have this land taken into trust, which was approved and formalized on September 4, 2014.[24]

Gaming issues resolved[edit]

On May 2013, the OIN, New York State, and Madison and Oneida Counties reached a landmark agreement that resolved the gaming compact issue, among other issues needing resolution. As part of the agreement, the state held a referendum to amend the New York State Constitution to allow for full gambling casinos to operate within the state, which passed on November 5, 2013.[25] The agreement paved the way for the OIN to open two more casinos within its 10-county area of exclusivity.

Liquor license[edit]

The casino applied for several liquor licenses with the New York State Liquor Authority (Liquor Authority) in 2007 that were denied on October 3, 2007.[26][27] After delaying a decision for a month, the liquor board told the OIN it cannot issue permits while unsettled sovereignty issues between the OIN and the state (related to land issues) are being litigated in court. 'The Liquor Authority said the applications were disapproved without prejudice, and the Nation can reapply for the licenses after the reservation issue is solved.'[28] The licenses would have allowed the casino to serve alcohol on the gaming floor and at its several restaurants.

While the applications were pending before the Liquor Authority, the resort did not allow any kind of alcohol on the premises, as part of their application.[29] Since the Liquor Authority's denial on the applications, the OIN lifted the alcohol ban in the resort. In response, the casino reached an agreement with the Beeches Hotel And Catering Service which received multiple one-day permits to sell alcohol at the premises.[30] This generated much controversy because the Beech's owner's wife, Roan Destito sits on the committee governing liquor laws.[31] In May 2010, the casino leased portions of the property to a subsidiary of the Beech's which in turn was awarded a full license to sell liquor and other alcohol.[32][33] This allowed the casino to offer alcohol to its patrons at all the restaurants and the gaming floor, in addition to the private nightclub.

Smoking versus non-smoking[edit]

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Smoking is allowed around the resort; non-smoking sections have been established and expanded in all areas. In 2016, the casino and resort underwent a $20 million upgrade and renovation project to provide better smoke-free areas on the gambling floor, and improve ventilation facilities to enhance all non-smoking zones within the resort and casino.[34]

Awards and recognitions[edit]

Since 2001, Turning Stone has received more than 480 different awards and recognitions.[35]

In 2018, Forbes Travel Guide awarded the resort with three Four Star ratings for The Lodge hotel, Wildflowers restaurant, and Skana spa. The year before, AAA awarded three of its prestigious AAA Four Diamond Awards, to the resort's The Lodge and Tower hotels, as well as Wildflowers restaurant, making Turning Stone the only resort in the Northeastern United States to earn both three AAA and Forbes awards.[36][35]

In 2017, the resort was named Best Overall Gaming Resort in New York by Casino Player magazine .[37]

All three of Turning Stone’s championship-caliber golf courses were included in Golfweek magazine’s list of Best Golf Courses you Can Play in New York,[38] and two of the courses were included in Golf Digest's 100 Greatest Public Courses in America.[39]

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The Nation’s Atunyote Golf Course hosts both the Turning Stone Resort Championship and the annual Notah Begay III Foundation Challenge charity event.

In popular culture[edit]

  • American metal band Bible of the Devil recorded a song about the casino, titled 'The Turning Stone'. It appears on their 2008 album Freedom Metal.

References[edit]

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  1. ^'Archived copy'. Archived from the original on 2013-04-29. Retrieved 2015-04-08.CS1 maint: archived copy as title (link)
  2. ^'Jackpot: Conventions become a bigger part of casino business'[permanent dead link], Empire Monthly
  3. ^Deeds on file in the Oneida County Clerk's Office in Book of Deeds, volume 2627, page 94 and Book of Deeds volume 2657, page 653
  4. ^'FindArticles.com - CBSi'. findarticles.com. Retrieved 19 April 2018.
  5. ^Oneida Indian Nation Water PumpArchived 2011-06-08 at the Wayback Machine, Madison County website
  6. ^'Tribe to give workers a bonus'[permanent dead link], Times Union, 30 January 2005
  7. ^'Gaming aside, the Oneidas are betting on golf', Boston.com, 18 April 18, 2004
  8. ^'Turning Stone Resort and Casino Expansion - DeSimone'. www.de-simone.com. Retrieved 2015-12-16.
  9. ^'Turning Stone event drops off PGA Tour schedule in dispute over dates'. PGA of America. Associated Press. 2010. Retrieved August 17, 2014.
  10. ^'Turning Stone to host 2016 PGA Professional National Championship'. PGA of America. Retrieved August 17, 2014.
  11. ^Peterman v Pataki, 4 Misc3d 1028A, 798 NYS2d 347 [Sup Ct]
  12. ^18 USC Sec. 1166 Gambling in Indian country
  13. ^Mescalero Apache Tribe v State of New Mexico, 131 F.3D 1379 [10th Cir. 1997]
  14. ^http://www.upstate-citizens.org/NY-v-OIN.pdf
  15. ^Department of the Interior letter to the Oneida Nation
  16. ^Complaint
  17. ^USDOI Reply 'The one page letter does not reflect a substantive deliberation reconsidering DOI’s former approval but rather a simple notice to the concerned parties that the reconsideration process has been indefinitely suspended.'
  18. ^see Indian Gaming Regulatory Act
  19. ^see 28 U.S.C.A. § 1331, Upstate Citizens for Equality website (page 5 left column), [1]
  20. ^Syracuse.com blog
  21. ^ ab 2013 landmark agreement
  22. ^City of Sherrill v. Oneida Indian Nation of N.Y.
  23. ^DOI letter regarding gaming site
  24. ^For more information on this application see the Oneida Indian Nation page.
  25. ^Casino Gambling Referendum Approved
  26. ^Turning Stone liquor deal 'very lucrative'
  27. ^'State denies all 6 Nation liquor license applications'Archived 2012-09-17 at Archive.today, Utica OD
  28. ^'State denies all 6 Nation liquor license applications'Archived 2012-09-17 at Archive.today, Utica OD
  29. ^'Turning Stone Asks for Liquor', Syracuse Blog
  30. ^Turning Stone liquor deal 'very lucrative'
  31. ^Id.
  32. ^Liquor License issued for Turning Stone
  33. ^Picente supports Turning Stone alcohol permits
  34. ^Turning Stone To Limit Smokers To Own Mini-Casino; $20 Million Project To Upgrade
  35. ^ abAwards & Accolades, Turning Stone Resort Casino, Retrieved 18-05-2018.
  36. ^'Turning Stone garners more ‘Best of NY’ awards', Rome Sentinel, May 14, 2018.
  37. ^'The Best of Gaming 2017', Casino Player magazine, September, 2017.
  38. ^Klein, Bradley'Best Golf Courses you Can Play in New York', Golfweek, April 19, 2017.
  39. ^Whitten, Ron'America's 100 Greatest Public Courses', Golf Digest, May, 2017.

External links[edit]

Coordinates: 43°06′54″N75°35′20″W / 43.115°N 75.589°W

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