Ward v. State of New York

Full title: ANNA L. WARD, et al., Plaintiffs, v. THE STATE OF NEW YORK, et al.…

Court: United States District Court, W.D. New York

Date published: Sep 19, 2003

03-CV-485S (W.D.N.Y. Sep. 19, 2003)

Opinion

03-CV-485S

September 19, 2003

DECISION AND ORDER

WILLIAM SKRETNY, District Judge

1. On August 27, 2003, this Court filed a Decision and Order granting in part and denying in part Plaintiffs' Motion for a Preliminary Injunction.

2. On that same date, Plaintiffs filed an Application for Judicial Notice pursuant to Rule 201 of the Federal Rules of Evidence. Specifically, Plaintiffs requested that this Court take judicial notice of the fact that the sovereign territory of the Seneca Indian Nation consists of the Allegany Indian Reservation, the Cattaraugus Indian Reservation, the Oil Springs Reservation, and certain territory located in Niagara Falls, New York acquired for the erection and operation of a gambling casino pursuant to the Nation-State Gaming Compact Between the Seneca Nation of Indians and State of New York.

3. On September 12, 2003, Defendants filed a Response Declaration stating that, for purposes of the present lawsuit, they have no objection to this Court taking judicial notice as requested in Plaintiffs' application.

4. Accordingly, based upon the exhibits supplied by Plaintiffs and the stipulation of the parties,

IT HEREBY IS ORDERED that Plaintiffs' Application for Judicial Notice (Docket No. 29) is GRANTED.

FURTHER, that this Court takes judicial notice of the fact that the sovereign territory of the Seneca Indian Nation consists of the Allegany Indian Reservation, the Cattaraugus Indian Reservation, the Oil Springs Reservation, and certain territory located in Niagara Falls, New York acquired for the erection and operation of a gambling casino pursuant to the Nation-State Gaming Compact Between the Seneca Nation of Indians and State of New York.

FURTHER, that this finding is limited to the instant action.

FURTHER, that the Decision and Order of this Court filed on August 27, 2003 (Docket No. 28) is amended as follows:

Defendants are enjoined from enforcing § 1399-// of the New York Public Health Law with respect to the shipment and transportation of cigarettes by Plaintiffs from the sovereign territory of the Seneca Indian Nation to enrolled members of the Seneca Indian Nation located on the sovereign territory of the Seneca Indian Nation. Further, Defendants are enjoined from enforcing § 1399-II of the New York Public Health Law with respect to the shipment and transportation of cigarettes by any individual or business entity to the sovereign territory of the Seneca Indian Nation for receipt by Plaintiffs.

SO ORDERED.