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Town of Newburgh, NY v. Newburgh EOM LLC

Bid to Stay Remand Motion Denied; Conclusory Allegations Rest on Misleading Assertion

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OPINION & ORDER Before the Court is the motion of Defendant Newburgh EOM LLC, also sued herein as the Cross Roads Hotel (the “Hotel” or “Defendant”), to stay the Court’s order of remand dated January 23, 2024, (ECF No. 36 (the “Remand Order”)), pending the outcome of the Hotel’s appeal of that Order to the Second Circuit. (ECF No. 38.) For the reasons stated below, the motion is DENIED. I. BACKGROUND Plaintiff Town of Newburgh (the “Town” or “Plaintiff”) sued the Hotel in New York State Supreme Court, Orange County, on May 12, 2023, asserting violations of the Town Building Construction Code and Town Municipal Code arising out of a plan to use the Hotel to house asylum seekers for four months. (See ECF No. 4-1.) The Hotel timely filed a notice of removal on May 21, 2023, asserting federal question jurisdiction pursuant to the “arising under” doctrine of 28 U.S.C. §1331 that is incorporated into 28 U.S.C. §1441. (See ECF No. 4

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