November 17, 2010
THE STATE OF NEW YORK, ET AL., PLAINTIFFS,
PHILIP MORRIS INCORPORATED, ET AL., RESPONDENTS, RJR NABISCO HOLDINGS CORP., ET AL., DEFENDANTS, DOSAL TOBACCO CORPORATION, SENECA-CAYUGA TRIBAL TOBACCO CORPORATION AND SMOKIN JOES, APPELLANTS, ALTERNATIVE CIGARETTE, INC., ET AL., DEFENDANTS, SENECAN CAYUGA NATION, ET AL., DEFENDANTS.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Appeal dismissed, without costs. As the nonparticipating tobacco manufacturers are not required by Supreme Court's order to arbitrate and will not be bound by the arbitration, they are not aggrieved.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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