On May 16, 2021, Petitioners Columbus Monument Corporation, Nicholas J. Pirro, Bob Gardino, Joanne Gardino, James Albanese, Mike Albanese, Katie Albanese, Mary Emily Alibrandi, Silvio and Lauren Ascenzo, Brenda Wendy Lee Bousefeld, Andrea Bucci, Angelo and Margaret Chiodo, Joan Christensen, Gabriel DiGenova, Peter DiGenova, Gene Fisch, Andre Grasso, Kevin Kane, Shannon Kennedy, Bille Kinne, Joe Lepiane, Ted Massey, Randy Potter, Joseph Russo, Gerarda Scuderi, Charles Tremper, John Vigliotti (collectively the “Petitioners”) filed a Petition seeking, inter alia, an order precluding Respondents City of Syracuse (the “City”) and Ben Walsh, individually and as Mayor of the City of Syracuse (the “Mayor”, and collectively as the “Respondents”) from taking any action to remove the Columbus Monument (the “Monument”) from its present location (see Petition, NYSCEF Doc. No. 1). The Court set a conference to determine a briefing schedule (NYSCEF Doc. No. 11). At the June 8, 2021 conference, a briefing schedule was agreed to and signed by the Court (NYSCEF Doc. No. 17). On July 14, 2021, an amended Petition was filed (NYSCEF Doc. No. 18). On August 9, 2021, Respondents requested a two-week extension to file and serve their answer and motion to dismiss (NYSCEF Doc. No. 27). The Court granted same (NYSCEF Doc. No. 28). On August 30, 2021, pursuant to CPLR §§7804(f) and 409(b) Respondents filed a motion to dismiss (see Notice of Motion, NYSCEF Doc. No. 30). Respondents also filed their Answer (see Answer, NYSCEF Doc. No. 48). On September 9, 2021, the Onondaga Nation (the “Nation”) filed a motion seeking leave to appear as amicus curiae (see Notice of Motion, NYSCEF Doc. No. 98). On September 15, 2021, the Court held a conference and again adjusted the briefing schedule in light of the Nation’s motion (see NYSCEF Doc. No. 106). The Court denied the relief sought by the Nation (see Decision, NYSCEF Doc. No. 118). At the request of Parties, the Court further amended the briefing schedule (NYSCEF Doc. No. 120). On November 12, 2021, Petitioners responded to the Respondents’ motion to dismiss (see Affidavit in Opposition, NYSCEF Doc. No. 122). Petitioners assert that Petitioner Columbus Monument Corporation (the “Corporation”) is “a corporation organized and existing under the laws of New York State the successor interest to the Columbus Monument Association (the “Association”) [and] has a vested interest in the City maintaining and preserving the Monument” (see Amended Petition, NYSCEF Doc. No. 18, 12). The individual Petitioners are residents and/or taxpayers of the City of Syracuse or Onondaga County and many financially contributed to the preservation of the Monument undertaken in the early nineties (ibid, 13). Petitioners assert that nearly three million individuals immigrated from Italy to the United States of America between 1900 and 1915, with further immigration occurring post-World War I (ibid, 16). Petitioners further assert that in 1897 Italian-Americans accounted for approximately four percent of the City’s population, and by 2010 that number reached an estimated twenty-two percent (ibid, 17). Petitioners state that Italian-Americans were subjected to bigotry and discrimination, including lynching and targeted by President Roosevelt during World War II (ibid,
18 & 19). In 1934, “Italian-American immigrants and citizens of Italian descent, embodied by the Columbus Monument Association, bestowed upon the City a monument including a statue of Christopher Columbus. The City accepted the Monument and placed it in St. Mary’s Circle” (ibid, 21). Beginning in 1934, the Association, and subsequently the successor Corporation, holds an annual wreath-laying ceremony at the Monument on Columbus Day (ibid, 24). Petitioners assert the “purpose of the ceremony is to remember the coming of Italian Americans to Syracuse and to celebrate the achievement of the Italian American community in Syracuse, including honoring a local person of Italian descent for his or her personal achievements and contributions to Central New York (ibid, 25). Petitioners further assert that the City placed the Monument and fourteen other edifices in the National Register of Historic Places as the Montgomery Street-Columbus Circle Historic District (ibid, 26). The Monument is also listed on the New York State Register of Historic Places (ibid, 28). The City established the Columbus Circle Preservation District (ibid, 29). In 2007, the City enacted a Public Art Ordinance, whish is to encourage and facilitate the installation of public art and maintain an inventory of Syracuse’s public art (ibid, 30). The Monument is listed as an item of the City’s permanent public art collection (ibid, 31). Petitioners assert that in 1990, the City and the Association sought to restore the Monument and conserve Columbus Circle (ibid, 32). Ultimately, the Monument and Columbus Circle were renovated through the financial resources of New York State, the City, and the Association (ibid, 33). The New York State portion of monies came from the NYS Environmental Quality Bond Act of 1986 (ibid, 34). In 1990, the City entered into a contract with New York State (ibid, 35; see also the “Contract”, NYSEF Doc. No. 19). The Contract required the City to raise matching funds and granted the State a protective easement (see Amended Petition, NYSCEF Doc. No. 18,
