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WHITE v. SCHNEIDERMAN

448 CA 15-01764.

140 A.D.3d 1636 (2016)

33 N.Y.S.3d 614

2016 NY Slip Op 04533

ERIC WHITE et al., Appellants, v. ERIC T. SCHNEIDERMAN, New York State Attorney General, in His Official Capacity, et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 10, 2016.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reinstating the complaint to the extent that it seeks a declaration and granting judgment in favor of defendants as follows:

It is adjudged and declared that Tax Law § 471 is not inconsistent with Indian Law § 6, the Treaty of 1842 (7 US Stat 586), or the Due Process or Commerce Clauses of the United States Constitution...

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