Last updated: May 6, 2008

Next update will be updated on or before: May 20, 2008

Selected Indian Law Cases Discovered: April 30 - May 6

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Day Wholesale, Inc. v. State
2008 WL 1914906, Docket No. 07-02540
Supreme Court, Appellate Division, Fourth Department, New York, May 2, 2008

Subjects: Cigarettes -- Labeling -- New York (State); Seneca Nation of New York -- Members.

*Synopsis: (from the opinion) Plaintiff Day Wholesale, Inc. (Day) is a wholesale dealer of cigarettes ( see Tax Law § 470[8] ) and a licensed cigarette stamping agent ( see § 470 [11] ), and plaintiff Scott B. Maybee is a member of the Seneca Nation of Indians (Seneca Nation) who owns and operates businesses engaged in the wholesale and retail sale of cigarettes on land owned by the Seneca Nation. Plaintiffs commenced this action seeking a determination that the amended version of Tax Law § 471-e is not in effect and injunctive relief preventing the enforcement of the amended version of statute against them.

*Holding: not yet available

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