Cayuga Nation v Campbell
2018 NY Slip Op 05428 [163 AD3d 1508]
July 25, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 29, 2018


[*1]
  Cayuga Nation, by and through its Lawful Governing Body, Cayuga Nation Council, Respondent,
v
Samuel Campbell et al., Appellants, and County of Seneca, Intervenor. (Appeal No. 2.)

Margaret A. Murphy, P.C., Orchard Park (Margaret A. Murphy of counsel) and Joseph J. Heath, Syracuse, for defendants-appellants.

Jenner & Block LLP, Washington, D.C. (David W. Debruin, of the Washington, D.C. Bar, admitted pro hac vice, of counsel) and Barclay Damon LLP, Rochester, for plaintiff-respondent.

Appeal from an amended order of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered October 18, 2017. The amended order, inter alia, denied that part of defendants' motion seeking leave to reargue and directed defendants to post an undertaking.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Cayuga Nation v Campbell ([appeal No. 1] 163 AD3d 1500 [4th Dept 2018]). Present—Whalen, P.J., Smith, Carni, NeMoyer and Troutman, JJ. [Prior Case History: 2017 NY Slip Op 31881(U).]