Judge denies Jericho residents' request to intervene in homeless shelter case

                                                                         

 

Jericho residents opposed to housing 80 homeless families in the former Hampton Inn in Jericho have lost their legal attempt to join Oyster Bay Town's lawsuit against the project.

Nassau Supreme Court Justice Arthur Diamond today denied their requested to intervene in the town lawsuit, which demands the owner of the former hotel, 120 Westend Ltd., comply with all town building and zoning codes before allowing families to move in. 

The nonprofit Community Housing Innovations plans to use the three-story building on Jericho Turnpike as six to eight month transitional shelter for families who are expected to be eventually moved into permanent housing.

The town won a temporary restraining order against the new owner last month

A group of about 300 Jericho residents, called Concerned Jericho Parents, had filed a motion to join the suit. They are represented by former Republican State Sen. Jack Martins.

One of the members, Jennifer Vartanov, describing herself as a resident and taxpayer in Oyster Bay, said in an affadavit last month,  that her group "substantial concerns" about the homeless project "but have not been afforded an opportunity to engage in any public hearing or comment to voiced their concerns."

She added, "Although the Concerned parents agree with the town's position, the Concerned Parent's interests are not fully represented in the lawsuit and the Concerned Parents offer a distinct perspective which should be considered by the court in addressing this matter on the merits."

But Diamond ruled that the parents appear adequately represented by the town and will have an opportunity to be heard at a town zoning hearing for the use of the former Hampton Inn as transitional housing--if the town wins the right to hold a hearing.

Westend maintains that the town zoning code does not apply to the proposed shelter.

Howard Avrutine, Westend's Lawyer, argued in legal papers that the town does not have authority to even bring the lawsuit. 

"Regulation of Defendant's operation under local laws such as those set forth by (the town) is preempted by New York State law, thus making Defendant (Westend) immune to and from the application of such local laws," he wrote.

Waiting to see if Diamond issues a longer decision.


Comments

Post a Comment

Popular posts from this blog

Nassau CSEA contract deal -- talk of the county for two days -- finally announced (UPDATED)

Image
Talk around Nassau County for the past two days has been that Republican County Executive Bruce Blakeman had struck a new labor agreement, signed Monday, with the county's largest union, the Nassau Civil Service Employees Association. The CSEA, which include most non-law enforcement county employees, has been working without a contract since the end of 2017. As of June, there were 3,359 fulltime CSEA members. An announcement went out late today but it didn't say much: A spokesman for Republican County Executive Bruce Blakeman did not respond to an email today asking when the CSEA deal would be announced. Everyone is looking at the CSEA because exempt employees -- county workers who are hired and fired at will -- traditionally are given the same benefits as the union members. But the exempts are not happy with some of the rumors about the agreement: one is that the CSEA will take a lesser health insurance plan in return for an upfront payment, perhaps of $1,500, for each member....
Read more

Democrat lawyer prepares to challenge Donnelly for Nassau DA

Image
                                                                               From Aloise Linked in Post A female Democratic lawyer backed by former Democratic Congresswoman and former Nassau District Attorney Kathleen Rice is trying to gather support to make a run against Republican District Attorney Anne Donnelly next year. Nicole Aloise, the daughter of a prominent New York City judge,  has a fundraiser scheduled  tomorrow night at the Garden City home of developer Peter Florey, president of the New York State Builders Association. Tickets range from in price from $250 to $20,000. Aloise says in a post announcing her campaign on Linked In that she has been a prosecutor in both the Nassau and Queens District Attorney offices. A quick internet search shows no other runs for poli...
Read more

Local Nassau CSEA president and VP kicked out by state union

Image
                                                                               Nassau CSEA poster truck in Long Beach earlier this month                    Nassau CSEA Local 830 president Ron Gurrieri and vice president Bob Arciello were removed from their union positions today following an angry month-long public fight with Republican County Executive Bruce Blakeman over health insurance. State CSEA president Mary Sullivan notified members in a letter today that she had removed Gurrieri and Arciello, explaining the...
Read more