On Friday, Manhattan Supreme Court Justice Carol Edmead tossed the Article 78 lawsuit, which claimed that the Department of Homeless Services (DHS) was skipping a required environmental review for the shelter.
Edmead wrote that the plaintiff did not interpret the review process correctly.
“Petitioners/plaintiffs fail to identify any authority to support the proposition that a ‘city-wide’ review is required before DHS may initiative any homeless shelter development projects,” she wrote.
DHS has since called the ruling a “win for New Yorkers experiencing homelessness.” The agency has said it will proceed with opening the facility soon.
The coalition has another legal proceeding on the way, this time against the Department of Buildings (DOB). Shelter opponents have repeatedly said that DOB is obstructing the lawsuit by refusing to issue an official written denial, which is needed for the case to go to the Board of Standards and Appeals (BSA).
According to reports, the building plans have been “revoked” due to objections submitted to DOB.
On February 4, Community Board 5 Chairman Vincent Arcuri also sent a letter to DOB Queens Borough commissioner Derek Lee, expressing his “displeasure” at how the agency is handling the review and filings for the proposed shelter.
He brought up questions about the site’s zoning and use and compliance with multiple dwelling laws. He noted that drawings of the facility indicate a dormitory-style residence with 210 beds in 22 rooms on two floors.
“We are completely confused with what has been filed,” Arcuri wrote, “and dismayed by the fact that the current approved documents are not available for us to review.”
Community Board 5 is meeting on Wednesday, February 12, at 7:30 p.m. at Christ the King High School.