CAYUGA NATION, BY AND THROUGH ITS LAWFUL GOVERNING BODY, CAYUGA NATION COUNCIL V SAMUEL CAMPBELL, CHESTER ISAAC, JUSTIN
Motion No: CA 17-01956
Slip Opinion No: 2018 NY Slip Op 90301(U)
Decided on December 3, 2018
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.


December 3, 2018

PRESENT: WHALEN, P.J., SMITH, CARNI, NEMOYER, AND TROUTMAN, JJ.

DOCKET NO. CA 17-01956

CAYUGA NATION, BY AND THROUGH ITS LAWFUL GOVERNING BODY,

CAYUGA NATION COUNCIL, PLAINTIFF-RESPONDENT,

V

SAMUEL CAMPBELL, CHESTER ISAAC, JUSTIN BENNETT, KARL HILL,

SAMUEL GEORGE, DANIEL HILL, TYLER SENECA, MARTIN LAY,

WILLIAM JACOBS, WARREN JOHN, WANDA JOHN, BRENDA BENNETT,

PAMELA ISAAC, ET AL., DEFENDANTS-APPELLANTS,

AND COUNTY OF SENECA, INTERVENOR.

(APPEAL NO. 1.)


Respondent having moved to increase the undertaking as previously modified by this Court in the appeal taken herein from an order of Supreme Court, County of Seneca dated September 18, 2017,

Now, upon reading and filing the affirmation of Mark T. Whitford, Jr., Esq., dated November 21, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed without prejudice to an application seeking the same relief to the Court of Appeals (see CPLR 5519 [c]).

Entered: December 3, 2018

Mark W. Bennett, Clerk