| 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 61548(U) |
| Decided on January 21, 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. |
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. |
Appellant having moved, upon a proposed order to show cause, for preliminary injunctive relief pending the hearing and determination of the appeal taken herein 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 affidavit of Lee Alcott sworn to December 11, 2008,
the proposed show cause order with proof of service thereof, the supplemental affidavit of Lee Alcott sworn to January 8, 2009, the opposing affirmation of Philip G. Spellane dated January 9, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and respondents are hereby enjoined from further criminal prosecution of appellant, its members and/or its employees for violations of sections 471, 471-e, 473 and 1814 of the New York State Tax Law, including, but not limited to, any further prosecution of indictments currently pending against appellant, its members and/or employees regarding those provisions and the commencement of, or seizure of further evidence in regard to, any other prosecutions for violations of those statutes, pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before February 23, 2009, and
It is further ORDERED that all evidence currently held by respondents regarding those prosecutions shall be maintained in its current condition and location, with the exception that any such evidence seized pursuant to a warrant issued in connection with such a pending prosecution
DOCKET NO. CA 08-02582
JANUARY 21, 2009
PAGE 2
may be released in the discretion of the court issuing the warrant upon application to such court, and upon such terms and conditions as that court may set, and
It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing May 11, 2009.
Entered: January 21, 2009
JoAnn M. Wahl, Clerk