WHITE v. SCHNEIDERMAN

No. 59.

31 N.Y.3d 543 (2018)

106 N.E.3d 709

81 N.Y.S.3d 326

2018 NY Slip Op 04028

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

Court of Appeals of New York.

Decided June 7, 2018.


Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP, Buffalo ( Paul J. Cambria, Jr. and Erin E. McCampbell of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Andrew D. Bing , Barbara D. Underwood and Robert M. Goldfarb of counsel), for respondents.

Lippes Mathias Wexler Friedman LLP, Buffalo ( Carol E. Heckman and Thomas J. Gaffney of counsel), for Seneca Nation of Indians and others, amici curiae.

Barclay Damon, LLP, Syracuse ( Lee Alcott and Michael E. Nicholson of counsel), for the Cayuga Nation, amicus curiae.

Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, WILSON and FEINMAN concur.


OPINION OF THE COURT

Plaintiffs assert that enforcement of Tax Law § 471, which imposes requirements on Indian1 retailers located on reservation land to prepay the tax on cigarette sales to individuals who are not members of the Seneca Nation of Indians, is inconsistent

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