WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR. April 22, 2016:
WPCNR asked for comment from Michael Zarin, the attorney for the French American School of New York to comment on the Tuesday Judge Lefkowitz decision that the city motion to dismiss the FASNY Article 78 to clarify whether the city could appeal the denial of dismissal.
WPCNR asked, ” I do not think the city has appealed the Preliminary Decision to the Appellate Court…that was made awhile back…are the facts the judge is giving the city 20 days to respond on concern all 11 Causes of Action or just the first 5?”
Mr. Zarin explained in a statement to WPCNR late Thursday:
“The City filed a defective Notice of Appeal with the Appellate Court in connection with the Preliminary Action, and sought an automatic stay. Judge Lefkowitz rejected the City’s tactics as “farcical.”
The City is not legally permitted to appeal the most recent Decision. It is considered technically a “non-final decision, ” although you can see where the Court is going on the ultimate merits.
Procedurally, I think that the Court made abundantly clear that it now expects this matter to be decided quickly – no extensions. That is the intent and meaning of an Article 78 Action.
Again, I think that the Judge made very clear that this case has already gone on too long, including the City illegally trying to wear FASNY down through attrition and purposeful delay and other improper tactics.
All Eleven Causes of action were preserved by the Court, and will be decided.