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IN THE MATTER OF SMITH v. SPITZER

28 A.D.3d 1047 (2006)

814 N.Y.S.2d 338

In the Matter of JONATHAN K. SMITH, Doing Business as SHINNECOCK SMOKE SHOP, Appellant, v. ELIOT SPITZER, as Attorney General of the State of New York, Respondent.

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

April 27, 2006.

Mercure, J.P.

Petitioner claims membership in the Shinnecock Indian Nation and is the proprietor of the Shinnecock Smoke Shop, which is located on the Shinnecock Indian Reservation in the Town of Southampton, Suffolk County. Petitioner asserts that two of his credit card vendors refused to process his customers' credit card purchases after receiving letters from respondent stating that petitioner, along with certain other cigarette sellers, engaged in direct shipment...

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