ROCHESTER (AP) - A midlevel state appeals court says the Cayuga Indian Nation can't be criminally charged for not paying cigarette taxes at its Central New York stores.

The 4th Department Appellate Division in Rochester granted the Cayugas' request for a preliminary injunction Wednesday, temporarily blocking Cayuga and Seneca counties from prosecuting them on felony tax-evasion charges.

The Cayugas requested the preliminary injunction after state Supreme Court Justice Hon. Kenneth Fisher ruled Dec. 9 that the tribe doesn't have sovereign rights to sell tax-free cigarettes at its stores.

Fisher also said the counties could prosecute the Cayugas on tax-evasion charges.

The Cayuga nation's appeal of Fisher's ruling is set to be heard in May.