Judge: Homeless to Remain at Lucerne, for Now
Ruling allows UWS hotel occupants to stay until full court hearing later this month.
| 04 Dec 2020 | 08:32
The Lucerne Hotel on West 79th Street. Photo: Michael Oreskes
The move of 230 men from a shelter at the Lucerne Hotel on the Upper West Side to the former Radisson in the Financial District has been blocked again by the courts. This time it was the appellate division of the state Supreme Court, which issued an order Thursday halting the transfer at least until a five judge panel can hear arguments in the case on Dec. 14.
“We are extremely gratified that the court recognized the seriousness of this situation and the potential harm a move will cause to both the homeless men and the Lower Manhattan neighborhood,” said Theresa Vitug of the Downtown New Yorkers, which brought the case to block use of the Radisson as a shelter for the homeless. “To issue this stay, the court had to conclude that there is a likelihood that we will win the appeal on the merits. We look forward to presenting our position before the full Appellate Division panel.”
The Downtown New Yorkers were appealing a decision by Justice Debra Adams, who last week ruled the city could proceed with the move from the Lucerne to the Radisson, rejecting arguments from both the FiDi community group and from three of the men living in the Lucerne.
Those three men also joined the appeal that led to Thursday’s order delaying the move again. The appellate division ordered that the “status quo” be maintained until the full court considered the case.
“Our clients are thrilled with this result today,” said Jason Zakai, who represents the three men from the Lucerne, two of whom have moved into more permanent residences since the case started. “Not only can the residents continue to remain at the Lucerne, where they have been thriving, but those men who have recently obtained jobs on the Upper West Side will be able to remain employed while the interim stay order is in effect.
“We look forward to having the opportunity to fully present our arguments to the Appellate Division, and we are hopeful that the Court will extend the interim stay into a preliminary junction pending determination of the appeal.”
“To issue this stay, the court had to conclude that there is a likelihood that we will win the appeal on the merits. We look forward to presenting our position before the full Appellate Division panel.” --Theresa Vitug of the Downtown New Yorkers.