Scott herkert

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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.

Scott herkert

Thanks for contacting us. We've received your submission. A Staten Island man who lives next door to a controversial school-turned-migrant shelter says cops seem more focused on keeping tabs on residents than the site as police beefed up security in the area Tuesday. Scott Herkert , 53, told The Post he was baffled as he watched city workers install surveillance cameras outside his house Tuesday — rather than the shelter at the former St. John Villa Academy in Arrochar that has already sent hundreds of ticked-off locals to the street in protest. This is a neighborhood fighting for its survival. John Villa. The founder of The Guardian Angels and former mayoral candidate Curtis Sliwa, who has been at several anti-migrant protests, said there were about 20 migrants at the school as of Tuesday morning. Seven a. This noise all the time now?! My yard is unusable, and my house is unsellable! Published Aug. Updated Aug. Scott Herkert, 53, says he feels like he's "living in a fishbowl" after cops installed surveillance cameras outside his Staten Island home -- and not at the controversial migrant shelter next door at the former St.

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Thanks for contacting us. We've received your submission. A Staten Island man who lives next door to a controversial school-turned-migrant shelter says cops seem more focused on keeping tabs on residents than the site as police beefed up security in the area Tuesday. Scott Herkert , 53, told The Post he was baffled as he watched city workers install surveillance cameras outside his house Tuesday — rather than the shelter at the former St. John Villa Academy in Arrochar that has already sent hundreds of ticked-off locals to the street in protest. This is a neighborhood fighting for its survival. John Villa. The founder of The Guardian Angels and former mayoral candidate Curtis Sliwa, who has been at several anti-migrant protests, said there were about 20 migrants at the school as of Tuesday morning.

Scott herkert

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. Monday was another day of heated, but peaceful protests, outside the shuttered St.

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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 The site had recently been plagued by sewage overflows , but concerns of mold and vermin have not been reported. By contrast, Constitutional or legislative mandates imposing monetary liability on the government or use of government resources ought to be more narrowly interpreted. The widely accepted principle of law is, "for every right there is a remedy" Williams v. Cuomo, F. If the terms used are plain and unambiguous, the words used must be construed in accordance with the expressed terms. Other uses are also permitted, under ZR , Use Group 3, but none indicated therein specifically permit the use sought by respondent City. While courts are "reluctant" to grant mandatory preliminary injunctions here, directing that the facility be vacated , they may be granted where the right is "clearly established. Shrug its shoulders and just ignore it? Scott Herkert , 53, told The Post he was baffled as he watched city workers install surveillance cameras outside his house Tuesday — rather than the shelter at the former St. In light of the Court's findings that the City's actions are not permitted by law, the equities also weigh in Petitioners' favor. While this facility is operated under a license to the City for a 90 days, ending on November 15, by its terms, it stretches credulity to argue that the migrant problem will end by then. The Court also finds that the shelter in question is not a philanthropic or a non-profit institution, as the City suggested at the oral argument, and, as such, is not permitted under the zoning laws. Adams, 74 Misc 3d , N.

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Footnote 7:Any alien physically present in the United States, regardless of status, may apply for asylum within one year of entry. 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. Carey hereinafter "consent decree" or "consent judgment". Novello, 96 NY2d , , citing Matter of Bernstein v. In reviewing an administrative action under Article 78, the Court's review is circumscribed; courts cannot interfere unless there is no rational basis for the exercise of discretion or the action complained of is arbitrary and capricious. Munoz, AD2d 2d Dept , app. The record to this point is insufficient to ascertain the specific of these claims. 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. A court may not substitute its judgment for that of the executive decision maker. In zoning violation cases, preliminary injunctions may issue without a showing of irreparable harm.