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CATTERSON EX REL. SHINNECOCK INDIAN TRIBE v. PELL

249 A.D.2d 387 (1998)

670 N.Y.S.2d 794

In the Matter of James M. Catterson, Jr., as District Attorney of Suffolk County, on Behalf of Shinnecock Indian Tribe, Respondent, v. William R. Pell, Iv, et al., Appellants

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

April 13, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

The petitioner proved by a preponderance of the evidence that the disputed property lay within the borders of the Shinnecock Indian Reservation. Accordingly, the appellants are intruders on Indian lands, and their removal is warranted (see, Indian Law § 8).

The appellants' remaining contentions are either unpreserved for appellate...

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