Kalshi in New York: Legal Status

Status as of September 2, 2026

Three matters in this state name KalshiEX LLC, and each is open on the point a reader actually wants settled. The oldest is the New York State Gaming Commission's letter of October 24, 2025, which told the exchange that "Kalshi is not licensed by the Commission to offer a platform for sports wagering in New York, either at a casino or as a mobile sports wagering operator" and demanded that it stop (source 1). The second is Kalshi's own federal suit against the Commission's members, 1:25-cv-08846 in the Southern District of New York, where a preliminary injunction was denied on July 7, 2026 and where the appeal, Second Circuit No. 26-1835, is being briefed (sources 2 and 5). The third is the Attorney General's special proceeding, filed on July 31, 2026 and now carried in the same district as 1:26-cv-06550 before Judge Vernon S. Broderick, where the only fully submitted motion is the state's request to send the case back to Supreme Court, New York County, closed on the briefs since August 28, 2026 (source 3).

What the record shows

The Commission's demand, October 2025. Executive Director Robert Williams wrote to Kalshi's head of markets on October 24, 2025 and set out nineteen contract types taken from Kalshi's own filings with the Commodity Futures Trading Commission, from "Will <team> win <event>?" to contracts on whether a participant reaches a milestone in a competition. Offering them to customers here, the letter says, is sports wagering under Racing Law section 1367(1)(x), and it quotes the provision it rests on: "No entity shall directly or indirectly operate an unlicensed sports wagering platform in the state of New York, or advertise or promote such unlicensed platform to persons located in the state of New York." The letter demands that the exchange stop and confirm to the Commission that the activity has ended, and reserves the Commission's right to levy civil penalties (source 1).

Kalshi's suit and the appeal, October 2025 to September 2026. Three days after the letter, Kalshi sued the Commission's members in the Southern District of New York to stop enforcement of it, and on October 28, 2025 the Commission agreed to hold off on enforcement while that injunction request was pending (source 0, paragraphs 31 and 32). The request was resolved on July 7, 2026. Judge Analisa Torres held that "New York gambling laws as applied to Kalshi's sports-event contracts are not preempted by the CEA and Kalshi has not, therefore, made a clear or substantial showing that it is likely to succeed on the merits," and the opinion ends: "Kalshi's motion for a preliminary injunction is DENIED" (source 2). Six days later the court corrected a scrivener's error on page 18, where a quotation of 7 U.S.C. section 7a-2(c)(5)(C)(i) had been bracketed as the Gaming Commission when the statute names the CFTC, and annexed an amended opinion (source 4). Kalshi moved the Second Circuit for an injunction pending appeal on July 23; the district court refused its own version of that relief on July 27, and on July 29 the appeals court denied temporary administrative relief and sent the motion to a three-judge panel (sources 4 and 5). The appellant brief and a two-volume joint appendix running to page JA339 were filed on August 31, 2026 (source 5).

The Attorney General's proceeding, July to August 2026. The verified petition of July 31, 2026 brings a special proceeding under Executive Law section 63(12) and pleads, at paragraph 12, violations of Article I section 9 of the State Constitution, Penal Law sections 225.05, 225.10 and 225.20, Racing Law sections 1367(16)(a), 1367-a(2)(a) and 1367-a(4)(b), and the federal Wire Act; paragraph 13 asks for a permanent injunction, an accounting, restitution, disgorgement and civil penalties (source 0). Kalshi removed the proceeding to federal court the same day, filing four statements of relatedness to earlier cases in the district (source 3). On August 3, 2026 the state court disposed of its own file, recording that "Respondent removed this matter to federal court on 7/31/26" and denying the injunction motion as moot while preserving a fresh motion if the proceeding comes back; the order directs that "[t]he Clerk is directed to mark this case disposed" (source 6). In the federal case the state moved on August 7 to return the proceeding to Supreme Court, New York County; Judge Torres declined it as related to the 2025 suit on August 10 and it was reassigned to Judge Broderick; Kalshi filed a 36-page opposition on August 21; and the state's reply of August 28, 2026 closed the briefing and remains the newest entry (source 3).

What is not documented

The reviewed record does not say what Kalshi tells customers in this state. No notice from the exchange naming New York access was located as of September 2, 2026, so this page draws no conclusion about it and repeats the search on September 16, 2026. The Attorney General's petition alleges at paragraph 55 that bettors located in New York can reach the platform and hold accounts (source 0); an allegation in an undecided proceeding is not a finding, and it is not treated as one here. Two further gaps. The Second Circuit docket carries a letter filed on August 12, 2026 described as regarding a CFTC emergency order issued 8/11/2026 (source 5); no order was obtained from the agency, so the entry is reported as a docket entry and nothing is said about its contents. And New York's state-court filing system does not answer automated requests, so the August 3 order is quoted from the filed document itself and no other paper in that file is described.

What happens next

Two dated items sit on the record and one is missing. The appellees' brief in Second Circuit No. 26-1835 is due October 30, 2026 under the scheduling notification so-ordered on September 1, 2026; that docket shows no reply date and no argument date (source 5). In the 2025 district-court case, pre-motion letters on a proposed motion to dismiss (August 14) and on a stay pending the appeal (August 13, answered August 20) are outstanding, with no order on either (source 4). Nothing in 1:26-cv-06550 sets a date for a decision on the state's motion to return the proceeding, fully submitted since August 28, 2026 (source 3). The picture across every exchange the New York record documents is on the legal status page.

What this page does not do

This page is not legal advice, and it is not a verdict on anything. It carries the documents that name Kalshi in this state, quoted and dated, and it refuses the two things a reader may want most from it: a ruling on whether the exchange may operate here, and a guess at how any of the three matters ends. Tax treatment of proceeds from event contracts is absent for the same reason as everything else absent from this page, which is that no primary source on it was found. Review runs every 14 days and again on any filing, order, regulator action or notice from the exchange, next on September 16, 2026. A correction is made here, in place, and carries its own date.