Legal Opinion

HCI Distribution, Inc. v. New York State Police

Appellate Division of the Supreme Court of the State of New York

Decided October 24, 2013Published

1Opinion of the CourtStein, J.

Appeal from a judgment of the Supreme Court (Demerest, J.), entered June 20, 2012 in St. Lawrence County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to direct immediate release of seized property.

Petitioner is an “economic and political subdivision” of a federally recognized Indian tribe located in Nebraska. In January 2012, petitioner purchased, among other things, more than 26,000 cartons of cigarettes and cigars from a manufacturer located on the St. Regis Mohawk Indian Reservation in St. Lawrence County and owned by the St. Regis Mohawk Tribe. The…

2Cases cited14 opinions

  1. Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980
  2. Dondi v. JonesNew York Court of Appeals · 1976
  3. Morgenthau v. ErlbaumNew York Court of Appeals · 1983
  4. Department of Taxation and Finance of NY v. Milhelm Attea & Bros.Supreme Court of the United States · 1994
  5. B. T. Productions, Inc. v. BarrNew York Court of Appeals · 1978

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