Peter Mastaglio, of Cullen and Dykman, the attorney representing the Village of Garden City in two separate suits against the Village, the Kenny case and the Garden City Center Associates case, spoke with Garden City Life Monday morning, Jan. 25, to offer updates on the developments in these cases.

Mastaglio explained that in the State of New York there are three levels to which cases such as the Kenny case would be brought. The first level is the State Supreme Court in Mineola. In December, Justice John W. Burke of the Supreme Court ruled, "The defendant's motion to dismiss the complaint for failure to state a cause of action or, in the alternative, for summary judgment and the plaintiffs' cross-motion for partial summary judgment are denied. Ample issues of fact are presented which can only be resolved by a trial." Justice Burke also scheduled a conference date for Feb. 1, ordering both parties to attend. The second level is the Appellate Court, located in Brooklyn, and then the Court of Appeals, located in Albany.

The Village has, Mastaglio explained, "perfected the appeal" -- meaning that the Village has filed its briefs with the Appellate Division of the New York Supreme Court. The court has granted the Village's motion for an expedited appeal, which means that their arguments should be heard March 22. The briefs from the lawyers for the plaintiffs -- James M. Kenny, Helen M. Kenny, Lawrence Rafferty, and Barbara Rafferty, who are seeking a permanent injunction against the Village to stop the lease of St. Paul's to CareMatrix, claiming that the lease is an illegal alienation of public trust property, as they claim the Village acquired the property with the promise that it would be used as public space -- are due this week.

The request being made to the Appellate Division by both parties at this time is to have the Appellate Division decide the case one way or the other without a trial, "as a matter of law," according to Mastaglio, who added that both sides "disagree with Justice Burke" that a trial is required. Both sides are hopeful that the Appellate Division will render a decision in April or May. Mastaglio feels confident that the decision "will most likely dispose of the claim one way or the other" and feels that the case will probably not reach the Court of Appeals in Albany.

Garden City Center Associates continued their fight against the Village resulting from a decision by the Board of Trustees to not purchase two homes to be demolished and converted into a parking lot to create more parking for the Garden City Center Associates' Franklin Avenue office building. The case had been dismissed repeatedly by the courts at the state level, but the latest suit was brought before a federal court judge. Mastaglio explained that Justice Thomas C. Platt, who rendered a decision in favor of the Village and dismissed the case on Nov. 6, is a federal court judge of the United States District Court for the Eastern District of New York in Uniondale.

The reason the case moved from state to federal court is that the suit changed. In its latest incarnation, the Garden City Center Associates claimed, as Mastaglio explained, that "their constitutional rights had been violated." Justice Platt told Garden City Center Associates, "You don't have anything here for me to hang my hat on. ...I am going to grant the defendant's motion. I will adhere to the request for summary judgment and I will deny your motion, your cross-motion."

The Garden City Center Associates has decided to appeal this. Mastaglio said, "I expect to receive the appeal briefs soon. The papers are due Feb. 9." He added that the appeal will most likely be heard in April. The appeal will be heard by the United States Court of Appeals for the Second Circuit in NY. There are 11 circuits in the United States, Mastaglio advised, and the Second Circuit covers appeals in New York, Connecticut, and Vermont. This is the highest federal court of appeals before the Supreme Court. Mastaglio noted, "This will most likely be the last step for this case," stating his belief that the case will not go before the Supreme Court.

While this is likely the last step in the courts, according to Mastaglio, he noted that there is nothing stopping Garden City Center Associates from coming before the Village Board of Trustees and asking them to reconsider their decision. Mastaglio added, "This is a decision the Board can make at any time. It's a governmental decision -- not one for the courts to make."