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January 17, 2008

The "other" AY lawsuits might take a year to resolve

Atlantic Yards Report

Yesterday, Forest City Ratner issued a champagne-popping press release; this morning, Norman Oder explains how, if tenants' attorney George Locker has his way, it could be the start of a one-year hangover:

While two legal cases (federal and state) organized by Atlantic Yards opponent Develop Don't Destroy Brooklyn have gotten the most attention recently, two lawsuits filed by 13 tenants (12 in rent-stabilized housing) in the AY footprint may take another year to resolve, even though both have been dismissed by state appellate courts.

On 11/9/07, the Appellate Division, Second Department, upheld the Empire State Development Corporation's relocation plan for the tenants, who would be displaced by project construction. Yesterday we learned that, on January 9, the court denied permission to appeal to the Court of Appeals, the state's highest court.

However, attorney George Locker said that he will pursue an alternate path and file the same motion before the Court of Appeals, which chooses case on a discretionary basis. "I expect that the state's highest court will see the public importance of the issues presented and that it will elect to address them," he said.

If the Court of Appeals does take the case, that would take a year, he estimated.

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Posted by lumi at January 17, 2008 5:35 AM