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MILHELM ATTEA v. FIN. DEPT.

181 A.D.2d 210 (1992)

Milhelm Attea & Brothers, Inc., Also Known as Milhem Attea & Brothers, Inc., Respondent, v. Department of Taxation and Finance of the State of New York et al., Appellants. (And Another Related Action.)

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

July 9, 1992

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Lew A. Millenbach of counsel), for appellants.

Zdarsky, Sawicki & Agostinelli (Joseph Zdarsky of counsel), for Milhelm Attea & Brothers, Inc., respondent.

Williams, Stevens, McCarville & Frizzell, P. C. (Timothy M. O'Mara of counsel), for Elias H. Attea, Jr., respondent.

Duker & Barrett (George F. Carpinello of counsel), for Oneida Indian Nation of New York, amicus curiae.

Roland, Fogel, Koblenz & Carr (Emilio Petroccione of counsel), for Empire State Petroleum Association, Inc., amicus curiae.

WEISS, P. J., LEVINE, MERCURE and HARVEY, JJ., concur.

MIKOLL, J.

This matter is before us on remand from the United States Supreme Court for further consideration in light of its recent opinion in Oklahoma Tax Commn. v Citizen Band Potawatomi Indian Tribe (498 U.S. 505, 111 S.Ct. 905). The underlying facts are set out in this court's prior decision (164 A.D.2d 300, appeal dismissed

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