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This Decision and Order is issued regarding the primary question before this Court, namely whether a preliminary injunction should be issued enjoining the Respondent City of New York hereinafter "Respondents" or " the City" from using buildings at 57 Cleveland Place in Staten Island the "facility" as a shelter for up to migrant asylum seekers. For the reasons expressed below, the Court hereby issues a preliminary injunction enjoining the City from continuing to use facility as a shelter or other center housing migrant asylum seekers and requiring the City to remove those housed therein and to cease all such operations. The Petition in this case in the nature of an Article 78 proceeding was commenced on August 25, after the City announced a plan to use the facility as what it describes as a temporary shelter for migrant asylum seekers and undertook steps to ready the facility for use. As further discussed herein, the EOs declared an emergency and suspended various provisions of the Administrative Code and regulations which would facilitate the siting of temporary emergency shelters in any building. By way of further background and context, 57 Cleveland Place is the location of the former St John's Villa Academy campus. The City purchased this campus in with a view toward continuing its use as an educational facility. The City's Education Department was said to commence a public review process to gather input from the community regarding the school facility, so it could "become an asset to the surrounding community," according to then Schools Chancellor Richard Carranzo.

Scott herkert

Thanks for contacting us. We've received your submission. A Staten Island man who lives next door to a controversial school-turned-migrant shelter says cops seem more focused on keeping tabs on residents than the site as police beefed up security in the area Tuesday. Scott Herkert , 53, told The Post he was baffled as he watched city workers install surveillance cameras outside his house Tuesday — rather than the shelter at the former St. John Villa Academy in Arrochar that has already sent hundreds of ticked-off locals to the street in protest. This is a neighborhood fighting for its survival. John Villa. The founder of The Guardian Angels and former mayoral candidate Curtis Sliwa, who has been at several anti-migrant protests, said there were about 20 migrants at the school as of Tuesday morning. Seven a. This noise all the time now?! My yard is unusable, and my house is unsellable!

In Pajak v. Additionally, the license does not require involvement of a philanthropic or a non-profit institution, and indeed the providers referenced in the license scott herkert to be businesses.

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Staten Island residents of the Arrochar neighborhood, joined by right-wing political activists, hold a rally to protest New York City plans to house migrants in a closed Catholic school, St John Villa Academy, September 5, , on the East Side of. Immigrants are not safe here. The message, recorded in six languages, blares all day from a loudspeaker on Scott Herkert's well-groomed front lawn on Staten Island, urging migrants brought to a temporary shelter inside a long-vacant Roman Catholic high school not to get off the bus. The message also claims the building has rats and cockroaches. It is one of several ways some people have let shelter residents know they are not welcome on Staten Island, which, despite what the recording says, is part of New York City. Hundreds of protesters have also held a large rally outside the former school, urging the city to house migrants elsewhere. The women and families placed by the city inside the former Saint John Villa Academy have heard the message loud and clear.

Scott herkert

A New Yorker upset that the city has been housing homeless migrants in his neighborhood in Staten Island has set up a loudspeaker to deliver an unwelcoming message to his new neighbors. Protest signs are posted outside the former Saint John Villa Academy being repurposed as a shelter for homeless migrants, Wednesday, Sept. Immigrants are not safe here.

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Turning to the three-prong standard for a preliminary injunction, the Court finds that there is likelihood that Petitioners will succeed on the merits of this petition. Footnote Arntzen was dismissed on appeal, solely on ripeness grounds only AD3d , lv to appeal denied 39 NY3d Another scenario indicative of a conclusion that the Constitution does not mandate or create a right to shelter is the approach to the problem in the upstate counties. Get free summaries of new New York Other Courts opinions delivered to your inbox! Security features, trailer buildings, temporary showers, and obviously, other retrofitting, all have been accomplished to make it a place for overnight accommodation. This issue is particularly pertinent to this site, which sits on a most restrictive type of residential zoning, R, which limits residences to single family detached homes, and allows limited other permitted community uses. In the City of New York, its fisc, i. First, Subsection 1 g ii provides that no suspension shall be made which does not safeguard the health and welfare of the public and which is not "reasonably necessary. Relatedly, a "philanthropic foundation" is described in part in Britannica. Law Students. Justice Nervo correctly concluded that respondents "bald assertion" that the program would have no impact flew in the face of evidence, was arbitrary and capricious, and unlawful. Thus, the City's placement of migrant asylum seekers has no rational basis. Gregory P. Neither do other subsequent consent judgments and decrees [FN3] upholding the respondent's commitment to provide shelter to the homeless, nor any case law. Starke, AD , , citing Block v.

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John Villa Academy-turned-migrant shelter. Bluth, JSC in her decision in Armer v. This is followed by the terms of the agreement between the parties. This principle applies equally to emergencies declared by an Executive, such as the Mayor. It is a fundamental tenet of statutory construction that the Legislature is presumed to be aware of the law in existence at the time of an enactment, as well as the effect and implication of its own enactments. Although the Court finds that no emergency existed warranting the emergency declaration, any emergency, as that term is used in the Executive Law, that is asserted to have existed in October , nearly a year ago, can no longer be said to be an emergency. Given the City's position as posited to the Court, that it believes it has an obligation to house all migrant asylum seekers who come into the City, the problem appears to be unending. Three migrant women were spotted leaving the shelter with backpacks while the message blared Monday. Wayne M. The failure of the Legislature to include a matter within a particular statute is an indication that its exclusion was "intended. Douglas B. Beyond this issue, in any event, the Court does not view the issuance of a preliminary injunction stopping the very recent partial occupancy of this facility, which took place while this application was pending, as the fair equivalent of disturbing the status quo. See e. These rights must be construed liberally in favor of those rights.