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ELLENBAST v. WATKINS

32 A.D.3d 991 (2006)

821 N.Y.S.2d 275

MICHAEL ELLENBAST, Appellant, v. JESSE WATKINS et al., Defendants, and UNKECHAUG INDIAN NATION OF POOSPATUCK INDIANS, Respondent.

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

September 26, 2006.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, it is not necessary for an Indian tribe to have attained federal recognition in order to successfully assert its sovereign immunity from suit, so long as the tribe has "tribal status" (Native Village of Tyonek v Puckett, 957 F.2d 631, 634-635 [1992]; see Mashpee Tribe v Secretary of Interior, 820 F.2d 480

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