ST. REGIS TRIBE v. STATE OF NEW YORK


5 A.D.2d 117 (1957)

St. Regis Tribe of Mohawk Indians, by Norman Tarbell et al., Individually as Duly Enrolled Members and as Duly Elected Chiefs of the St. Regis Tribe of Indians, on Behalf of All St. Regis Indians, Respondents, v. State of New York, Appellant. (Claim No. 32879.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 19, 1957.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John R. Davison and Peter E. Herzog of counsel), for appellant.

Thomas F. Moore, Jr., and Edward L. Ryan for Power Authority of the State of New York.

William H. Quimby, Jr., and Arthur B. Hart for respondents.

FOSTER, P. J., HALPERN and GIBSON, JJ., concur.


BERGAN, J.

The State of New York has undertaken to appropriate for the development of a power project Barnhart's Island in the St. Lawrence River; the bed of the river; and intrinsic water power in the river surrounding the island. The St. Regis Tribe of Mohawk Indians, alleging an interest in the appropriated property, has filed a claim for damages for $33,800,000 in the Court of Claims. The State's motion to...

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