Legal Challenges to CPV

 

The following is the most recent update on the lawsuit which was filed in May 2015 by area residents represented by Attorney Michael Sussman:

 

This page is under construction. Please check back later for a fuller explanation of the original lawsuit and the appeal filed in February 2016.

 

The lawsuit filed by Michael Sussman against CPV and the Town of Wawayanda

on behalf of Viserta et. al. is pending in the Second Department.  We do

not yet have an argument date, and it is difficult to predict when it will

occur.  According to Sussman, “Regardless of the outcome of this

appeal, my belief is that the losing side will seek leave to file an

appeal to the state’s highest court, the NY State Court of Appeals.

Normally, a party does NOT have the right to appeal an adverse appellate

division decision.  The losing party may seek leave to

appeal, the same process as the United States Supreme Court uses in

deciding which cases to hear.  The Court of Appeals takes

very few cases, but parties routinely make their best argument as to why

their case deserves to be heard and decided by the

state’s highest court.  In our case, there are sexy issues which warrant

review.  But, of course, I cannot guarantee that the Court

of Appeals will agree to review the case.  And, we don’t know yet which

party will even be seeking that review.”

In other words, once the case is heard, if we lose, we will seek

appeal at the next level but not necessarily be granted it; similarly,

if we win, CPV will seek appeal at the next level, but not necessarily

be granted it. There’s still a long way to go on this. We will keep

you posted.

 

 

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