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SNYDER v. WETZLER

193 A.D.2d 329 (1993)

Barry E. Snyder, Sr., Doing Business as Seneca Hawk, Appellant, v. James W. Wetzler, as Commissioner of Taxation and Finance of The State of New York, et al., Respondents

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

November 10, 1993

Attorney(s) appearing for the Case

Timothy J. Toohey, Lewiston, for appellant.

Robert Abrams, Attorney-General, Albany (Lew A. Millenbach and Peter G. Crary of counsel), for respondents.

Block & Colucci, P. C., Buffalo (Joseph F. Crangle of counsel), for Seneca Nation of Indians and others, amici curiae.

MIKOLL, MERCURE and MAHONEY, JJ., concur.

WEISS, P. J.

Plaintiff is a member of the Seneca Nation of Indians who conducts a retail business on the Cattaraugus Reservation in western New York for the sale of cigarettes and motor fuel under the assumed name of Seneca Hawk. A substantial portion of his business is derived from the sale at retail of cigarettes and gasoline to individual purchasers other than Indians. Defendants assessed excise and sales...

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