| AKWESASNE CONVENIENCE STORE ASSOCIATION, AND JULIA BACK SKIDDERS DOING BUSINESS AS WOLF CLAN TRUCK STOP V STATE OF NEW |
| Motion No: CA 11-01786 |
| Slip Opinion No: 2011 NY Slip Op 83579(U) |
| Decided on September 14, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND GORSKI, JJ.
DOCKET NO. CA 11-01786
| AKWESASNE CONVENIENCE STORE ASSOCIATION, AND JULIA BACK SKIDDERS
DOING BUSINESS AS WOLF CLAN TRUCK STOP, PLAINTIFFS-APPELLANTS, V STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, AND THOMAS H. MATTOX, ACTING COMMISSIONER OF THE DEPARTMENT OF TAXATION AND FINANCE, AND ERIC T.
SCHNEIDERMAN, NEW YORK STATE ATTORNEY GENERAL, DEFENDANTS-RESPONDENTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable Jerome C. Gorski, for a preliminary injunction 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 Erie on August 19, 2011,
Now, upon reading and filing the affirmations of Margaret A. Murphy, Esq., dated, August 24, 2011, and August 25, 2011, appellants' memoranda of law dated August 24, 2011, and September 9, 2011, the notice of motion with proof of service thereof, said show cause order with proof of service thereof, and defendants' memoranda of law dated August 29, 2011, and September 7, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 14, 2011
Patricia L. Morgan, Clerk