State to pay legal fees in land claim suit
Posted by admin / Under Steven Burd
WATERLOO, N.Y. --New York state has agreed to pay most of the legal fees incurred by counties in opposing Indian efforts to put land into federal trusts. Seneca County had been seeking reimbursement from the state since the trust process began a year ago. The state originally refused to pay, citing an opinion by the state attorney general's office. However, Seneca County Attorney Steven Getman said Attorney General Eliot Spitzer said this week that state law allowed reimbursement to counties for legal costs associated with defending the claims. Getman said the state agreed to pay both future costs and approximately...
Published on Wednesday 23rd of May 2012 09:23:10 AM
Appeals court refuses to rehear Cayuga decision (Indian Land Claim gets tossed)
Posted by admin / Under Steven Burd
WATERLOO, N.Y. The Cayuga Indian's 25-year-old land claim will not get a second look from a federal appeals court. Seneca County Attorney Steven Getman says today's decision by the Second U-S Circuit Court of Appeals is another victory for property owners. The Cayuga Indian Nation of New York and the Seneca-Cayuga Tribe of Oklahoma had asked for a rehearing after the court's split decision in June. The decision said the tribe was not entitled to a 248 (m) million land claim judgment awarded by a lower-court jury. Today's decision cited an earlier U-S Supreme Court ruling in a separate case...
Published on Wednesday 23rd of May 2012 09:23:10 AM
Supreme Court Will Not Hear [Cayuga Indian] Land Claim
Posted by admin / Under Steven Burd
The US Supreme Court has announced it will not hear an appeal of the 2nd Circuit Court of Appeals ruling throwing out the Cayuga land claim. Seneca County Attorney Steven Getman says the ruling means the end of the more than two decade old land claim. The Cayuga and Seneca-Cayuga Indians had asked the Supreme Court to review the lower court ruling, saying the Appeals Court incorrectly cited the Sherill case involving the Oneida Indians in throwing out the quarter billion dollars awarded the Indians. The focus of the battle between the Indians and governments in Seneca and Cayuga Counties...
Published on Wednesday 23rd of May 2012 09:23:10 AM
Federal official says Cayuga Indian land could be subject to foreclosure
Posted by admin / Under Steven Burd
AUBURN NY--A federal Department of Interior official said the U.S. Supreme Court's city of Sherrill v. Oneida Indian Nation decision applies to the Cayuga Nation's purchase of land within their land claim area on the open market. Based on the Sherrill decision, when taxes are not paid, the Cayuga Nation's property would be subject to foreclosure, Associate Deputy Secretary James Carson wrote in a Sept. 22 letter to U.S. Rep. Sherwood Boehlert, R-New Hartford. Boehlert had contacted the department of behalf of Seneca County attorney Steven Getman. Carson wrote that questions about the legality of the tribe's bingo halls in...
Published on Wednesday 23rd of May 2012 09:23:10 AM
Mother Loses Support, Custody for Interfering With Father's Rights
Posted by admin / Under Steven Burd
A mother who "deliberately and unjustifiably frustrated" a father's attempts to visit his child was appropriately stripped of child support and primary custody, an appellate panel in Albany has held. The Appellate Division, Third Department, unanimously affirmed a Schuyler County Family Court judge in a case where the custodial mother had repeatedly hindered her estranged husband's efforts to establish relations with his daughter, even though the father made no attempt to enforce his visitation rights for six years. Luke v. Luke, 510880, centers on a child born in 2001 to Melvin W. and Heidi L. Luke. The Lukes, who are...
Published on Wednesday 23rd of May 2012 09:23:10 AM
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