The Committee on Character and Fitness for the Appellate Division, First Department, is scheduled to interview candidates on Tuesday, Nov. 16. See Court Notes on page 18 of the print edition of today’s Law Journal for a list of appearances.
Court Favors State in Indian Smokeshop Tax Fight
A federal judge has sided with New York in the latest ruling in a dispute over the state’s plans to tax most Indian reservation smokeshop sales, but collection of the tax is on hold for now. Western District Judge Richard Arcara in Buffalo denied a request to block the state from collecting a sales tax on cigarettes sold to non-Indians. But he froze his decision so the two tribes who sought the order can appeal. The judge’s ruling Tuesday in a case brought by the Unkechaug and St. Regis Mohawk tribes mirrors an earlier decision in a challenge by the Seneca and Cayuga nations. The decisions mean New York still cannot start collecting the $4.35-per-pack sales tax until the U.S. Court of Appeals for the Second Circuit hears the issue. It is unknown how long the appeals process will take.
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