Three civic associations, representing thousands of homeowners in the Town of Oyster Bay, have filed a separate motion seeking permission from the Appellate Division of the State Supreme Court to appeal a recent lower court ruling of the proposed project. The motion by the three civic groups, the Birchwood Civic Association, Birchwood Park at Syosset Homeowners Association and Syosset Groves Civic Association, is designed to support a similar motion filed recently by the Town of Oyster Bay, all in an attempt to prevent a mega-mall from being built on the former Cerro Wire property in Syosset.

In July, State Supreme Court Justice James M. Catterson reversed a decision by the Oyster Bay Town Board to deny the proposed mall project. Interestingly, the judge's decision comes on the heels of a similar situation involving minor expansion plans by Roosevelt Field that were ultimately denied by the Court of Appeals, the state's highest court.

"The decision by Judge James Catterson, which we are trying to have overturned, inexplicably ignored the legitimate traffic, environmental, safety and quality of life problems that this mall would create," said Michael Heller, president of the Birchwood Civic Association. "As with the motion filed by the town, we seek the opportunity to demonstrate in the Appellate Court that there was significant and substantial evidence in the record before the town board supporting its decision to turn down the project, which Justice Catterson seemingly ignored in his review."

The legal action recently announced by the civic associations is the latest round in a protracted fight between community residents and a corporate giant seeking to build an 860,000 square foot mall on the property. In June of last year following a lengthy public hearing process, the Oyster Bay Town Board voted against the project. The developer, the Michigan-based Taubman Co., filed an appeal with State Supreme Court. In a decision, dated July 8, Judge Catterson claimed that the town's decision was, in many cases, "not based upon substantial evidence," directing the town to reconsider the application.

Howard Avrutine, co-counsel to the Birchwood Civic Association said he was disappointed that the judge claimed that the town's decision was not based on fact or evidence. "Highly qualified experts presented hours of detailed testimony to the town board. After carefully considering all the facts, Supervisor John Venditto, along with five out of six of the other town board members, did the right thing and voted against the proposal. The law is clearly that a judge must not substitute his judgment for a well-founded decision of the controlling municipality."