Two counties in New York expect an answer any day in their tobacco tax fight against the Cayuga Nation.

Cayuga and Seneca counties say the tribe should not sell tax-free cigarettes at its smoke shops. But an appellate division court said the counties had no right to raid the smoke shops and seize tribal property.

The counties want the New York Court of Appeals, the state's highest court, to review the case. They expect to find out soon whether they will be able to proceed.

The tribe's smoke shops are located with the Cayuga ancestral reservation but the land is not held in trust.

Get the Story:
Cayuga, Seneca counties hope for go-ahead to appeal Indian cigarettes ruling (The Syracuse Post-Standard 9/2)

New York Appellate Division Decision:
Cayuga Nation v. Gould (July 10, 2009)

New York Supreme Court Decision:
Cayuga Nation v. Gould (December 9, 2008)

Related Stories:
Hearing scheduled over Cayuga Nation tobacco (8/28)
Judge won't return tobacco to Cayuga Nation (8/27)
Cayuga Nation wants seized cigarettes back (7/17)
Second county rejects Cayuga tobacco tax offer (7/16)
County to appeal Cayuga Nation tobacco case (7/15)
Cayuga Nation offers settlement in tobacco case (7/14)
Cayuga Nation wins tobacco taxation decision (7/13)
Battle over Cayuga Nation tobacco continues (3/6)
Cayuga Nation halts sale of tax-free cigarettes (2/20)
Judge rules against Cayuga Nation tobacco sales (2/19)
Cayuga Nation to reopen disputed smoke shops (01/30)
Court halts Cayuga Nation tobacco prosecution (01/22)
Cayuga Nation seeks halt to tobacco prosecution (1/13)
Cayuga Nation plans to fight tobacco tax charges (12/10)
Cayuga Nation in court over raid of smokeshops (12/4)
Cayuga Nation claims 'reservation' exemption (12/2)
Cayuga Nation heads to court after smokeshop raid (12/1)
County authorities raid Cayuga Nation smoke shops (11/26)