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NIAGARA MOHAWK POWER CORPORATION v. ANDERSON

258 A.D.2d 958 (1999)

685 N.Y.S.2d 502

NIAGARA MOHAWK POWER CORPORATION, Respondent, v. DOUGLAS ANDERSON et al., Defendants, RONALD BILLINGS, Appellant, and GALEN FISCHER et al., Intervenors-Appellants.

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

Decided February 10, 1999.

Order unanimously affirmed without costs.

Memorandum:

Plaintiff had been providing electrical service to the reservation of the Tuscarora Indian Nation (Indian Nation) pursuant to a 1937 franchise agreement. The agreement was declared null and void by the Bureau of Indian Affairs, and that determination was upheld on appeal to the Interior Board of Indian Appeals. In 1993 the Indian Nation determined that plaintiff could provide new or updated electrical service...

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