June 14th: The Appellate Division will hear oral argument on Feiner's appeal of Cacace's decision
TIMELINE OF 2018 EVENTS
1. On February 1, 2018, Justice Susan Cacace of the State Supreme Court issued a 54-page ruling upholding Edgemont’s incorporation petition and ordering the incorporation referendum within 40 days.
2. On February 9, 2018, Feiner appealed that decision which, by law, automatically stayed the order requiring that the referendum be held until disposition of the appeal.
3. After Feiner announced that he would take the full six months he was allowed by law to “perfect” his appeal, the EIC moved for an order expediting the appeal, which was granted by the Appellate Division, Second Department.
4. The EIC learned today that a four-judge panel of the Second Department will hear oral argument on Feiner’s appeal. It will be held on June 14th (Flag Day) at 10:00am in Brooklyn.
Q: How long will it take for the court to decide?
A: Decisions from the Second Department are typically issued between 4-6 weeks after oral argument, although there is no guarantee as to the timeline on this specific matter.
Q: How long after the decision would the referendum take place?
A: If the Appellate Division affirms Cacace’s decision, the Town will have a 40-day window from the decision date within which to schedule and hold the referendum.
Q: Can Feiner appeal again?
A: If Feiner wishes to file a further appeal, he can seek permission from the Court of Appeals in Albany, but a request alone will not stop the vote. A further delay will only happen if the Court of Appeals agrees to stay the referendum until Feiner’s appeal can be heard.
Q: Could we end up with a vote in August?
A: That is possible. But in asking the Appellate Division to affirm the judgment of the lower court, the EIC’s attorneys will also ask the panel to consider the fact that voter turnout would be maximized by a September election.
Q: How does the Abinanti bill factor in?
A: At this time, the Assemblyman’s proposed legislation does not have a sponsor in the Senate. For it to affect Edgemont, the bill would have to pass in the final few weeks of the session and then be signed by the Governor before the election.
Q: Is the court hearing open to the public?
A: Yes, and the EIC encourages all Edgemont residents to attend.