More from the Atlantic Yards Report on the court
decision against nine plaintiffs challenging NY State's use of eminent domain
to seize their properties to benefit Bruce Ratner. Norman Oder contacted the plaintiffs'
lead attorney Matthew Brinckerhoff for comment on the next steps to appeal the
ruling:
...[lead plaintiffs attorney Matthew] Brinckerhoff said that the state Constitution
and the Civil Practice Law and Rules allow the right to appeal when a case
raises a constitutional question. That's been interpreted to mean a "substantial
contitutional question." He said "we have multiple substantial constitutional
questions, which gives us the right to appeal." However, he acknowledged,
if the Court of Appeals disagrees, it could reject the appeal and require
the petitioners to ask the Appellate Division to file a motion for leave,
which would be discretionary. "I have a high degree of optimism [that
the Court of Appeals would hear it], but I can't guarantee it," he said.
Such an initial request for leave to appeal is still pending in the case
challenging the EIS. It could take several months--likely until the fall,
given the courts' summer recess--for final appeals to be denied, and it would
take much longer should the appeals be accepted. If the latter, there could
be two more years of delay...
