The state's Appellate Division on Wednesday ruled that the Cayuga Nation cannot sell untaxed cigarettes until after the court handles a pending felony tax evasion appeal. The court also rejected a separate motion from the Seneca and Cayuga County district attorneys' office to dismiss that appeal.

The decision upholds state Supreme Court Judge Kenneth Fisher's Feb. 18 decision, which barred the Cayugas from selling cigarettes until after the appellate court examines his Dec. 9 ruling.

In that ruling, Fisher said the district attorneys in Cayuga and Seneca counties could file felony tax evasion charges against the nation for selling untaxed cigarettes from their Lake Side Trading stores in Union Springs and Seneca Falls to non-tribe members.

Cayuga County District Attorney Jon Budelmann said the ruling confirms that the appellate court's Jan. 21 temporary injunction, which prevents him from pursuing a criminal case against the tribe until after the appeal, was only meant to maintain the status quo.

"Whatever talk (the nation) had into past appellate court decisions indicating which way the court was leaning have been blown away," Budelmann said. "Our reading into this decision is that the court wants to maintain the status quo."

Lee Alcott, an attorney for the Cayugas, said the tribe will comply with the decision.