CAYUGA INDIAN NATION OF NEW YORK V CAYUGA COUNTY SHERIFF DAVID S. GOULD, SENECA COUNTY SHERIFF JACK S. STENBERG, CAYUGA
Motion No: CA 08-02582
Slip Opinion No: 2009 NYSlipOp 60799(U)
Decided on January 14, 2009
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


January 14, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-02582

CAYUGA INDIAN NATION OF NEW YORK, PLAINTIFF-APPELLANT,

V

CAYUGA COUNTY SHERIFF DAVID S. GOULD,

SENECA COUNTY SHERIFF JACK S. STENBERG, CAYUGA COUNTY

DISTRICT ATTORNEY JON E. BUDELMANN, AND SENECA COUNTY

DISTRICT ATTORNEY RICHARD E. SWINEHART,

DEFENDANTS-RESPONDENTS.


The Seneca Nation of Indians having moved for permission to file and serve a brief amicus curiae on the preliminary injunction motion submitted by plaintiff on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 10, 2008,

Now, upon reading and filing the affirmation of Robert Odawi Porter dated December 24, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before January 20, 2009, and the Clerk is directed to accept the brief for filing.

Entered: January 14, 2009

JoAnn M. Wahl, Clerk