Scott herkert

Thanks for contacting us.

Thanks for contacting us. We've received your submission. The audio recording was being blasted from a professional speaker in five languages — English, Spanish, Ukrainian, Chinese and Urdu — at an ear-splitting level of decibels Monday afternoon from the property of homeowner Scott Herkert next to the controversial former St. John Villa Academy-turned-migrant shelter. A migrant who arrived outside the shelter with her luggage Sunday, when the warning first started playing, pulled out her phone to record it and then called an Uber and fled, residents said. More than a dozen asylum seekers were seen leaving the site — the scene of previous large protests attended by hundreds of residents — as the audio blared Sunday and Monday.

Scott herkert

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. The genesis of Respondent's posture that they are mandated to provide shelter to each and every migrant asylum seeker within the City of New York is a Consent Judgment entered in the Supreme Court of New York County on August 26, , emanating from a case entitled Callahan v. Carey hereinafter "consent decree" or "consent judgment". The Action was brought two years earlier "challenging the sufficiency and quality of shelter for homeless men in New York City. Koch and to homeless families in McCain v. Koch This is followed by the terms of the agreement between the parties.

Steve White for NY Post. Arntzen concerned the City's program to allow outdoor dining options, including utilizing public sidewalks and street spaces. As cited above, scott herkert, the New York City Comptroller opined that, the situation is no longer "an scott herkert situation that merits the broad suspension [that had been granted].

.

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

Thanks for contacting us. We've received your submission. New York City officials blindsided a sleepy Staten Island neighborhood by opening a person migrant shelter at the site of a former Catholic school — where the scent of raw sewage now wafts into the home next door, lawyers charged at a court hearing on Thursday. John Villa Academy be filled with asylum seekers as migrants pour into the city , alleged Mark Fonte, a lawyer for Staten Island local Scott Herkert, who is seeking a court order to shutter the site. If the court were to order the facility, at Cleveland Place and Landis Avenue, closed, City Hall could still file an appeal. The Adams administration previously appealed on Aug. But the Legal Aid Society has teamed up with former city social services commissioner Steve Banks — who now works at white-shoe law firm Paul Weiss — to oppose City Hall in the case. Is it a blank check here? As of Sept.

Swiftpreme

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. Novello, 96 NY2d , , citing Matter of Bernstein v. Recent reports indicate that the City has recently entered into an agreement to create a shelter at Floyd Bennett Field, and is working on many other arrangements for migrant asylum seekers. The emergency relied on is, for a large part, one of the Respondent's own making, unlike sudden and uncontrollable events like a pandemic, flooding, storm, blizzard, terrorist attacks, etc. The site had recently been plagued by sewage overflows , but concerns of mold and vermin have not been reported. We've received your submission. Footnote 6:The City also argues that the Petitioners may not challenge the validity of the EOs as petitioners first raised such arguments in their reply. The use of the term "shall" throughout the statute is mandatory D'Addario v. The consent judgment specifically recites: "NOW, therefore, without final adjudication of any issue of fact or law herein and without this Final Judgment constituting any evidence or admission by any party hereto with respect to any issue, and upon consent of all parties, it is hereby III The Declaration of an Emergency Respondents' rely extensively on two Executive Orders, EO and EO , as extended, declaring a state of emergency "based on the arrival of thousands of individuals and families seeking asylum" since April to argue that the siting of the shelter at 57 Cleveland Place was lawful. This violation is irreparable, and is of a continuing nature. The Court's view is that EO appears to go beyond the terms of the Executive Law because as such a broad and undefined suspension cannot be said to be "reasonably necessary" to respond to the current situation, and does not appear comport with the "minimum deviation" requirement. Drelich v.

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.

Thornton v. The Respondents do not adequately explain why an emergency exists that requires the suspension of certain local laws and regulations. Footnote See Manton v. Harrington, NY , The purpose of the Petitioners seeking injunctive relief in this case is to preserve the status quo by stopping the use of this facility pending a final adjudication of the issues it raises regarding the validity of its use. Toia, 43 NY2d , In interpreting statutes and constitutional language, the intent is to be sought and ascertained from the words and language used. Violation of this provision meets the injury in fact requirement. John Villa Academy on Staten Island, which is now housing migrants. Such uses were otherwise in violation of various zoning regulations, and the State Environmental Quality Review Act "SEQRA" , but they were bypassed by virtue of the Mayor's Executive Order No which, inter alia, unilaterally declared that the program would not significantly impact the environment, i. The former Catholic school-turned-shelter has been inundated with protests since the city began sending a small number of the nearly 60, migrants in its care there.