The July 25 Fourth Department Appellate Division Court ruling that a faction of the Cayuga Indian Nation should vacate Cayuga Indian Nation properties it has occupied for four years will be appealed to the state’s highest court.
The 3-2 vote of the five-judge Appellate Division Court in Rochester makes it automatically eligible for appeal to the state Court of Appeals.
The Rochester-based appellate court upheld a September 2017 decision by Acting State Supreme Court Justice Dennis Bender.
Joseph Heath, attorney for the Unity Council faction, said the group plans to file a notice of appeal today. Heath said filing such a notice keeps the stay on the lower court ruling in effect, meaning control of tribal properties will remain as they are now until the Court of Appeals rules.
The Unity Council operates CIN properties and businesses in Seneca Falls, while the Cayuga Nation Council led by Clint Halftown operates properties and businesses in Union Springs, Cayuga County.