Anderson v. Town of Lewiston

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendants’ motion to dismiss the complaint for failure to join the Tuscarora Indian Nation (Indian Nation) as a necessary party (see, CPLR 3211 [a] [10]). Plaintiffs have been receiving water service at a location near their homes in respondent Town of Lewiston (Town) and diverting it to nearby businesses of plaintiff Joseph M. Anderson on the reservation of the Indian Nation. Plaintiffs’ water permit is conditioned upon the Town’s control of the service lines and right to inspect those lines, and if…