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A02325 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2325
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the Indian law, in relation to the state recognition and acknowledgement of the Montaukett Indians   PURPOSE: Provides for the State recognition and acknowledgement of the Montaukett Indians.   SUMMARY OF PROVISIONS: Section 1. Amends section 2 of the Indian law to include the Montaukett Indians within the term "Indian nation or tribe" in New York   JUSTIFICATION: The Montaukett Indians seek to restore their acknowledgement and recog- nition by the State of New York which was improperly removed from the Montaukett Indians in 1910 in the case of Pharaoh v. Bensen, 69 Misc. Rep. 241 (Supreme, Suffolk Co., 1910_ affirmed 164 App. Div. 51, affirmed 222 N.Y. 665 when the Montaukett Indians were declared to be extinct. In 1994, the State Supreme Court, in the case of Breakers motel, Inc. v. Sunbeach Montauk Two, Inc., subsequently described the Pharaoh case as being of "questionable propriety". It is the purpose of this act to correct this impropriety by granting State recognition and acknowledgement to the Montaukett Indians.   LEGISLATIVE HISTORY: 2015-16 S.375A/A.202A; 2014 S.7619/A.9704   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: Immediately.
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