Cayuga Nation v Jacobs

Cayuga Nation v Jacobs 2015 NY Slip Op 07093 Decided on October 2, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
938 CA 14-00967

[*1]CAYUGA NATION, LAKESIDE ENTERPRISES, INC., CLINT HALFTOWN, TIM TWOGUNS, GARY WHEELER, RICHARD N. LYNCH AND B.J. RADFORD, PLAINTIFFS-APPELLANTS,

v

WILLIAM JACOBS, SAMUEL GEORGE, BERNADETTE HILL, BRENDA BENNETT, KARL HILL, ALAN GEORGE, PAMELA ISAAC, CHESTER ISAAC, DANIEL HILL, JUSTIN BENNETT, SAMUEL CAMPBELL, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS, COUNTY OF SENECA, INTERVENOR-RESPONDENT. (APPEAL NO. 1.)

FRENCH-ALCOTT, PLLC, SYRACUSE (DANIEL J. FRENCH OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

JOSEPH J. HEATH, SYRACUSE, FOR DEFENDANTS-RESPONDENTS.

FRANK R. FISHER, WATERLOO, FOR INTERVENOR-RESPONDENT.

Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered May 19, 2014. The judgment, inter alia, granted the motion of defendants to dismiss the complaint for lack of subject matter jurisdiction.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 1 and 24, 2015,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: October 2, 2015

Frances E. Cafarell

Clerk of the Court