Legal Opinion

New York Ass'n of Convenience Stores v. Urbach

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

Decided August 3, 2000PublishedCited by 10 opinions

1Opinion of the Court

—Crew III, J. P.

Appeal from a judgment of the Supreme Court (Lang, Jr., J.), entered August 2, 1999 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to ■ CPLR article 78, to compel respondents to enforce sales and excise taxes pertaining to on-reservation sales of tobacco products and motor fuel by Indian retailers to non-Indian customers.

This litigation arises out of the sale of tobacco and fuel products by Indian retailers to non-Indians on Indian reservations. Tax Law articles 12-A, 20 and 28 impose sales and excise taxes on tobacco and motor fuel sold…

2Cases cited7 opinions

  1. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  2. Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980
  3. Moe v. Confederated Salish & Kootenai Tribes of the Flathead ReservationSupreme Court of the United States · 1976
  4. Department of Taxation and Finance of NY v. Milhelm Attea & Bros.Supreme Court of the United States · 1994
  5. Port Jefferson Health Care Facility v. WingNew York Court of Appeals · 1999

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3Cited by10 opinions

  1. Batte-Holmgren v. Commissioner of Public HealthSupreme Court of Connecticut · 2007
  2. City of New York v. Milhelm Attea & Bros., Inc.District Court, E.D. New York · 2008
  3. United States v. MorrisonCourt of Appeals for the Second Circuit · 2012
  4. Mallinckrodt Medical, Inc. v. Assessor of ArgyleAppellate Division of the Supreme Court of the State of New York · 2002
  5. New York v. United Parcel Service, Inc.District Court, S.D. New York · 2017

5 more not listed; retrieve them via the Exa API.

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