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The Preliminary, Decision Order and judgment issued by Judge Joan Lefkowitz Monday, orders the Common Council to meet February 1 to vote on the Special Permit sought by the French American School to build a school campus. The Preliminary Decision obtained by WPCNR notes:

The reason for the Judge’s order for a vote at the next regular meeting finds fault with the city for not voting in a timely manner according to the city’s own zoning law Judge Lefkowitz writes on pages 6 and 7–the city misinterpreted it’s timing of the vote, in the Judge’s opinion:

“In their argument the city respondents state that the 2014 (FASNY) application was no longer complete when the Common Council failed to approve the Discontinuance Petition, implying thereby that it was complete until that event. Therefore both components of the 2014 application were complete within the meaning of the Zoning ordinance prior to August 5, 2015.

The judge’s Preliminary decision notes on page 16, “the court will hold the determination of the Dismissal Motion in abeyance pending the parties’ compliance with this Preliminary Decision, Order and Judgment.”

In the Preliminary order on page 6, Judge Lefkowitz denies the French American School of New York Constructove denial motion arguing the Common Council constructively denied its application for a special permit by operation, but grants the FASNY motion

“to the extent that FASNY seeks a judgment declaring that the Common Council disapproved its application for approval of a site plan by operation of law, and granted to the extent that the instant matter is remanded to the Common Council to vote forthwith on the resolution(s) concerning the proposed approval of the 2014 application — or what remains thereof — that it tabled on August 5, 2015.”

The Judge dismisses the French American School of New York order that the Common Council vote on the 2014 must be decided by a simple majority (4-3).

The Judge writes “the motions of the proposed intervenors, Gedney Association, Gaetano G. D’Antona, John Sheehan and Robert J. Stackpole, for permission to intervene in the above-captioned proceeding action, or alternatively to dismiss the above-captioned proceeding/action for failure to join necessary parties are denied,,,”

“that the detemination of Respondents/Defendents to dismiss the verified petition and complaint in the above-captioned proceeding/action is held in abeyance pending the parties compliance with the Preliminary Decision, Order And Judgment, and it is further ORDERED that the counsel for the parties are directed to appear in the Westchester County Courthouse, courtroom 1600, at 2 PM for a conference with the Court.”

Neither City Corporation Counsel John Callahan nor Mayor Thomas Roach returned calls for comment.

John Sheehan of the Gedney Association is preparing a statement for WPCNR.

A Common Council member told WPCNR  the Council was informed Thursday after with an email from Mr. Callahan noting the Preliminary Decision with a copy of the decision.