CAYUGA NATION, BY AND THROUGH ITS LAWFUL GOVERNING BODY, CAYUGA NATION COUNCIL V SAMUEL CAMPBELL, CHESTER ISAAC, JUSTIN
Motion No: 806-18
Slip Opinion No: 2018 NY Slip Op 91035(U)
Decided on September 28, 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.


September 28, 2018

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

MOTION NO. 806-18
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.)


Appellants having moved for leave to appeal to the Court of Appeals from the order of this Court entered July 25, 2018,

Now, upon reading and filing the affirmation of Margaret A. Murphy, Esq, dated July 31, 2018, the notice of motion with proof of service thereof, and the affirmation of Mark T. Whitford, Jr., Esq., dated August 10, 2018, and due deliberation having been had thereon,

It is further ORDERED that the motion insofar as its seeks leave to appeal to the Court of Appeals is granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court entered July 25, 2018, properly made?

Entered: September 28, 2018

Mark W. Bennett, Clerk