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SILVA v. FARRISH

No. 21-0616 August Term 2021.

47 F.4th 78 (2022)

David T. SILVA, Gerrod T. Smith, Jonathan K. Smith, Members of the Shinnecock Indian Nation, Plaintiffs-Appellants, v. Brian FARRISH, Jamie Greenwood, Evan Laczi, New York State Department of Environmental Conservation, Suffolk County District Attorney's Office, Bassil Seggos, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 25, 2022.

Attorney(s) appearing for the Case

Scott M. Moore , Moore International Law PLLC, for Plaintiffs-Appellants.

Ari Savitzky , Assistant Solicitor General ( Letitia James , Attorney General, Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, on the brief), for Defendants-Appellees New York State Department of Environmental Conservation, Brian Farrish, Evan Laczi, and Basil Seggos.

Brian C. Mitchell , Assistant County Attorney ( Dennis M. Cohen , Suffolk County Attorney, on the brief), for Defendants-Appellees Suffolk County District Attorney's Office and Jamie Greenwood.

Before: Jacobs, Wesley, and Menashi, Circuit Judges.

Plaintiffs-Appellants Gerrod Smith, Jonathan Smith, and David Silva are members of the Shinnecock Indian Nation and reside on the Shinnecock Reservation. They believe that when the Shinnecock ceded land to colonial settlers, the tribe retained the aboriginal right to fish in the Shinnecock Bay without interference and that...

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