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MATTER OF SPOTA v. JACKSON

10 N.Y.3d 46 (2008)

883 N.E.2d 344

853 N.Y.S.2d 520

In the Matter of THOMAS J. SPOTA, District Attorney of Suffolk County, on Behalf of the UNKECHAUG INDIAN NATION, Appellant, v. TINA JACKSON, Respondent.

Court of Appeals of the State of New York.

Decided February 7, 2008.

Attorney(s) appearing for the Case

Thomas J. Spota, District Attorney, Riverhead (Karla Lato of counsel), for appellant.

Nassau/Suffolk Law Services Committee, Inc., Riverhead (Meridith Nadler, Jeffrey Seigel and Hannah Abrams of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge KAYE.

The question before us is whether Indian Law § 8 granted the County Court the discretion to determine, independent of the Indian nation, that respondent, Tina Jackson, was not an "intruder" upon tribal land. We conclude that the court did not have that discretion.

In the 1980s, George Jackson (the husband), a blood-right member of the Unkechaug Indian Nation, received an allotment of land located at 165...

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