Opinion
April 28, 1995
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Green, J.P., Pine, Callahan, Doerr and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants' motion to dismiss plaintiff's action on the ground that the court lacked subject matter jurisdiction. Plaintiff's action is within the contemplation of 25 U.S.C. § 233 and Indian Law § 5, which give State courts jurisdiction over private civil litigation between Indians to the same extent as courts have jurisdiction in other civil actions and proceedings (see, People v Anderson, 137 A.D.2d 259, 270; Oneida Indian Nation v Burr, 132 A.D.2d 402; Matter of Jimerson v Halftown Estate, 22 A.D.2d 417).