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TAXATION v. ST. REGIS GROUP

217 A.D.2d 214 (1995)

635 N.Y.S.2d 980

New York State Department of Taxation and Finance, Appellant, v. St. Regis Group (Mohawk Akwesasne Reservation) et al., Respondents. (Action No. 1.) New York State Department of Taxation and Finance, Appellant, v. Wayne Stehlin et al., Respondents. (Action No. 2.) New York State Department of Taxation and Finance, Appellant, v. St. Regis Group (Hogansburg, N. Y.) et al., Respondents. (Action No. 3.)

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

December 28, 1995

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Peter H. Schiff, Victoria A. Graffeo, Lew A. Millenbach and Andrew Bing of counsel), for appellant.

Pease & Willer, Massena (Daniel S. Pease of counsel), for St. Regis Group, respondent.

Zdarsky, Sawicki & Agostinelli, Buffalo (K. Michael Sawicki and Gerald T. Walsh of counsel), for Wayne Stehlin, respondent.

MIKOLL, J. P., MERCURE, CREW III and SPAIN, JJ., concur.

YESAWICH JR., J.

Each of these actions arises from the stop and seizure of a tractor-trailer hauling cases of liquor, apparently owned and imported into New York by one or more Native American Indians, and destined for delivery on the Mohawk Akwesasne Reservation in St. Lawrence County. The vehicles involved in action Nos. 1 and 2 were stopped because of a perceived violation of the truck mileage tax provisions...

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