Seneca Court Hearing Postponed

September 2, 2010 Updated Sep 2, 2010 at 2:30 PM EDT

By WKBW Programming

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September 2, 2010 Updated Sep 2, 2010 at 2:30 PM EDT

BUFFALO, NY (WKBW) - Thursday's court hearing between New York State and the Seneca and Cayuga Indians has been postponed until Tuesday, September 7.

The two sides will appear before Judge Arcara as the Seneca and Cayuga Nations seek a permanent restraining order to stop New York State from collecting taxes from wholesalers on cigarette sales to non-natives on Indian land.

Judge Arcara granted the Seneca's a temporary restraining order Tuesday, good for two-weeks, just a day before Governor Paterson's plan to collect those taxes was supposed to go into effect.

On Monday, State Supreme Court Judge Donna Siweck lifted an injunction that essentially allowed for the state to continue with their taxation plan. Wednesday morning, an appeals court judge over-turned that decision, preventing New York State from pursuing the collection of those taxes.

The Seneca Indians held a rally for support Wednesday as they seek a permanent ruling in the case, while the Tuscarora Indians, who are not part of the Federal case, held a protest against Governor Paterson Wednesday as well.

Thursday's hearings are expected to begin at 1:00 p.m., and Eyewitness News will have full coverage throughout the day.