Patrick McKenna , General Counsel, American Cancer Society, Eastern Division, Inc., Albany, and Schnader Harrison Segal & Lewis LLP, New York City ( Bruce Strikowsky and Allison N. Fihma of counsel), for American Cancer Society, amicus curiae.
Chief Judge LIPPMAN and Judges CIPARICK and JONES concur with Judge GRAFFEO; Judge PIGOTT dissents and votes to reverse in a separate opinion in which Judges READ and SMITH concur.
Court of Appeals of New York.
OPINION OF THE COURT
GRAFFEO, J.
In this appeal involving a dispute between law enforcement authorities and the Cayuga Indian Nation concerning the collection of cigarette sales taxes, two principal issues are presented. The first is whether the Cayuga Indian Nation was entitled to a declaration that two convenience stores it operates in Central New York are located on "qualified reservation" property within...
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