Yesterday, December 21, 2005, Village Attorney Marianne Stecich appeared before State Supreme Court Justice Francis Nicolai with an order to show cause that included a temporary restraining order enjoining Northeast Interchange Railway (NIR) from commencing transfer station operations at 1A Croton Point Avenue.
Judge Nicolai wanted oral argument that afternoon, but it could not be scheduled for reasons including the fact that NIR’s lawyer is in Buffalo and that he had so far been unable to speak with a representative from the company regarding the application.
Instead, a conference was held in the Judge’s chambers via telephone between the Judge’s clerk, Village Attorney Stecich, the attorneys for NIR and the property owner. As a result of this conference, the attorneys agreed that NIR would NOT commence transfer station operations before Judge Nicolai heard oral argument on the application for the preliminary injunction. The arguments is scheduled for January 4, 2006.
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Enjoy the holidays,
P. S. For further information you may also be interested in visiting the Village website for frequent news and updates on this topic.