Environmental Case May Include Arguments on Controversial Amicus Brief
The Court of Appeals may weigh in on a controversial amicus brief that was the target of a blistering dissent last year when it decides whether the state Department of Health properly sanctioned construction of a 20-story nursing home next to a Manhattan elementary school.
May 03, 2017 at 06:05 PM
14 minute read
The Court of Appeals will decide whether the state Department of Health examined hazardous materials and noise factors closely enough when it sanctioned construction of a 20-story nursing home next to a Manhattan elementary school.
As part of its review, the court also may weigh in on a related question that arose last year and generated controversy during an extended battle in the Appellate Division, First Department: Should a party to a lawsuit that fails to file a timely notice of appeal be allowed to voice its opinion in the case using a friend-of-the-court brief?
A First Department panel this week granted leave to appeal in two related lawsuits challenging the nursing home: Friends of P.S. 163 v. Jewish Home Lifecare, 100546/15, and Daisy Wright v. New York Department of Health, 100641/15. Justices David Friedman, John Sweeny, Troy Webber and Ellen Gesmer issued the unsigned order.
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