Three judges recuse themselves from Jericho homeless shelter case
While a new law requiring judges to give a reason for recusing themselves awaits Gov. Andrew Cuomo's signature, three Nassau judges have recused themselves without explanation from hearing a lawsuit filed by Oyster Bay Town to stop a proposed homeless shelter in Jericho.
Nassau Supreme Court Justices Jack Libert, Helen Voutsinas and John Galasso in the past week have signed orders recusing themselves from Oyster Bay's lawsuit against the new owner of the Hampton Inn on Jericho Turnpike.
The town won a temporary restraining order from Justice Arthur Diamond earlier this month to prevent the new owner, 120 Westend LLC, from moving as many as 80 homeless families into the former Inn in Jericho.
The town alleges that 120 Westend has not received the necessary building permits and zoning to convert the three-story building into a six to eight month temporary residence for homeless families.
The Hampton Inn is located in the Jericho School District, which is frequently named one of the top school districts in the nation.
Arguments are expected Aug. 24.
After Diamond ruled on the town's emergency application, the case was randomly assigned to Libert, who recused himself Aug. 10.
Although Libert, a Republican, gave no explanation, he used to be planning and development commissioner and public works commissioner for the Republican-controlled Oyster Bay Town.
Next, Voutsinas recused herself on Aug. 12 with no reasons provided.
Voutsinas is a Democrat who was cross endorsed for judge. She formerly served as the deputy counsel to the Democratic majority on the Nassau County legislature during the mid 2000s.
Galasso recused himself Aug. 13. Another Republican, Galasso also once worked for Oyster Bay and his brother is a Republican leader in the town. Galasso is expected to retire by the end of the year because of age limits on sitting Supreme Court justices.
Dan Bagnuola, a Nassau Courts spokesman, said that as of now, "A judge is not mandated by any law or rule whereby they have to give a reason for a recusal." He added, "It's a very slippery slope for a judge to do the right thing. Oftentimes, it can be misinterpreted."
State Sen. Todd Kaminsky (D-Long Beach) introduced a bill requiring judges to give a reason for recusing themselves after three Nassau Supreme Court justices last fall recused themselves from the Double Eagle Golf case against the Town of Hempstead.
The bill was passed by both the state Senate and state Assembly and, as of last week, was sitting on Cuomo's desk, according to Newsday.
The town's lawsuit, filed by Edward Ross of the Rosenberg Calica & Birney law firm in Garden City, contends that the Inn owner ignored orders from the town to stop ongoing renovation work and refused to allow town inspectors inside to view the interior of the building.
Diamond ordered that Westend stop any futher construction or renovation activities. He prohibited any use and occupancy of the premises for transitional housing until the case can be argued. He directed Westend to comply with town stop work orders and to allow town inspectors access to the interior of the building.
Nassau Supreme Court Justices Jack Libert, Helen Voutsinas and John Galasso in the past week have signed orders recusing themselves from Oyster Bay's lawsuit against the new owner of the Hampton Inn on Jericho Turnpike.
The town won a temporary restraining order from Justice Arthur Diamond earlier this month to prevent the new owner, 120 Westend LLC, from moving as many as 80 homeless families into the former Inn in Jericho.
The town alleges that 120 Westend has not received the necessary building permits and zoning to convert the three-story building into a six to eight month temporary residence for homeless families.
The Hampton Inn is located in the Jericho School District, which is frequently named one of the top school districts in the nation.
Arguments are expected Aug. 24.
After Diamond ruled on the town's emergency application, the case was randomly assigned to Libert, who recused himself Aug. 10.
Although Libert, a Republican, gave no explanation, he used to be planning and development commissioner and public works commissioner for the Republican-controlled Oyster Bay Town.
Next, Voutsinas recused herself on Aug. 12 with no reasons provided.
Voutsinas is a Democrat who was cross endorsed for judge. She formerly served as the deputy counsel to the Democratic majority on the Nassau County legislature during the mid 2000s.
Galasso recused himself Aug. 13. Another Republican, Galasso also once worked for Oyster Bay and his brother is a Republican leader in the town. Galasso is expected to retire by the end of the year because of age limits on sitting Supreme Court justices.
Dan Bagnuola, a Nassau Courts spokesman, said that as of now, "A judge is not mandated by any law or rule whereby they have to give a reason for a recusal." He added, "It's a very slippery slope for a judge to do the right thing. Oftentimes, it can be misinterpreted."
State Sen. Todd Kaminsky (D-Long Beach) introduced a bill requiring judges to give a reason for recusing themselves after three Nassau Supreme Court justices last fall recused themselves from the Double Eagle Golf case against the Town of Hempstead.
The bill was passed by both the state Senate and state Assembly and, as of last week, was sitting on Cuomo's desk, according to Newsday.
The town's lawsuit, filed by Edward Ross of the Rosenberg Calica & Birney law firm in Garden City, contends that the Inn owner ignored orders from the town to stop ongoing renovation work and refused to allow town inspectors inside to view the interior of the building.
Diamond ordered that Westend stop any futher construction or renovation activities. He prohibited any use and occupancy of the premises for transitional housing until the case can be argued. He directed Westend to comply with town stop work orders and to allow town inspectors access to the interior of the building.
Comments
Post a Comment