SENECA NATION OF INDIANS V STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, THOMAS H. MATTOX
Motion No: CA 11-01193
Slip Opinion No: 2011 NY Slip Op 83590(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.


September 14, 2011

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, GREEN AND GORSKI, JJ.

DOCKET NO. CA 11-01193

SENECA NATION OF INDIANS, PLAINTIFF-APPELLANT,

V

STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF TAXATION

AND FINANCE, THOMAS H. MATTOX, ACTING COMMISSIONER OF

THE DEPARTMENT OF TAXATION AND FINANCE,

AND ERIC T. SCHNEIDERMAN, NEW YORK STATE

ATTORNEY GENERAL, DEFENDANTS-RESPONDENTS.


New York State Association of Tobacco and Candy Distributors, Inc. having moved for permission to file a brief amicus curiae on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 9, 2011,

Now, upon reading and filing the affirmation of Thomas G. Jackson, Esq. dated September 1, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, on the condition that the brief is filed and served in accordance with this Court's rules on or before September 30, 2011, and the Clerk is directed to accept the brief for filing.

Entered: September 14, 2011

Patricia L. Morgan, Clerk