Restraining order reinstated by judge
Jump to full article: Buffalo (NY) News, 2010-09-02
Author: Dan Herbeck and Aaron Besecker News Staff Reporters
Intro: Another day, another court ruling. But still no final decision.
A state appellate judge Wednesday temporarily pushed off the tax collection on Native American sales of cigarettes to non-Indians across New York.
A day after a federal judge granted a two-week reprieve in a related case, a spokeswoman for Gov. David A. Paterson said the state is standing down on the tax collections because of a stay issued Wednesday by Judge Samuel L. Green of the Fourth Department of the State Appellate Division.
The order reinstated a temporary restraining order that had been issued by another state judge in January 2009, according to state officials.
A five-judge panel from the appellate court will consider the tax-collection issue in more depth next Thursday, said Margaret A. Murphy, the Buffalo attorney who persuaded Green to reinstate the restraining order Wednesday.
The governor's office said the state is making efforts to have the injunction lifted once again but, in the meantime, will not enforce the cigarette tax collections against any tribe.
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