ITHACA: This story is right out of the news, and is not yet a court decision. Seneca County is at war with the Cayuga Indian Nation, and it’s over money, no surprise. Even less surprising, its over real estate and taxes. So, the question is whether the county may foreclose on certain property for the failure to pay taxes? Seneca County lost in US District Court, and then again in the Second Circuit. The NYLJ reports that Harris Beach, a big legal player in upstate New York was hired to file for certiorari. It did not do so in time. Now, the legal malpractice follows.
“Harris Beach previously defended Seneca County, situated between Rochester and Syracuse, in litigation against the Cayuga Indian Nation of New York over whether the county can foreclose on its property for failing to pay real estate taxes. In August 2012, Judge Charles Siragusa held that county foreclosure actions were barred by tribal sovereign immunity, and the U.S. Court of Appeals for the Second Circuit later affirmed (NYLJ, Aug. 4, 2014).
Seneca County claims the firm agreed to seek an appeal to the Supreme Court, and it was required to file a petition for writ of certiorari. But in 2014, Harris Beach informed Seneca County that its attempted appeal was unsuccessful and the Supreme Court denied its motion to file an “out-of-time” petition.
According to that petition, filed as a court exhibit, Harris Beach attorneys said they contacted an experienced appellate printer who ultimately told the firm a wrong due date.”
Question: How will the County prove that the US Supreme Court would have granted certiorari (a discretionary act) and then would have reversed (an even more discretionary act)?
We’ll keep tuned.