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NEW YORK v. SALAZAR

Civ. Action No. 6:08-CV-0644(LEK/DEP).

701 F.Supp.2d 224 (2010)

State of NEW YORK, David A. Paterson, in his capacity of Governor of the State of New York; Andrew M. Cuomo, in his capacity as Attorney General of the Sate of New York; Madison County, New York; and Oneida County, New York, Plaintiffs, v. Kenneth SALAZAR, Secretary, United States Department of Interior, James E. Cason, Associate Deputy Secretary of Interior; P. Lynn Scarlet, Deputy Secretary of the Interior; Franklin Keel, Eastern Regional Director, Bureau of Indian Affairs; United States Department of the Interior, Bureau of Indian Affairs; United States Department of Interior; United States of America; James A. Williams, Acting Administrator, United States General Services Administration; United States General Services Administration, Defendants, and Oneida Nation of New York, Intervenor Defendant.

United States District Court, N.D. New York.

April 1, 2010.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Albany, NY, pro se.

Robert A. Siegfried, Esq., David B. Roberts, Esq., Assistant Attorneys General, Albany, NY, Dwight A. Healy, Esq., White & Case LLP, New York, NY, David M. Schraver, Esq., David H. Tennant, Esq., Nixon Peabody LLP, Rochester, NY, for Plaintiffs.

Michael R. Smith, Esq., David A. Reiser, Esq., Zucherman Spaeder LLP, Washington, DC, Peter D. Carmen, Esq., Meghan M. Beakman, Esq., Oneida Nation Legal Dep't, Verona, NY, for Defendants.

DECISION AND ORDER

DAVID E. PEEBLES, United States Magistrate Judge.

The plaintiffs in this action, comprised of the State of New York as well as its Governor and Attorney General (collectively, the "State"), and the Counties of Madison and Oneida ("Counties"), have commenced this action challenging a determination by the United States Secretary of the Interior to take in excess of thirteen thousand acres of land into trust for the benefit of the...

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