In a dramatic turnaround, just one day after a New York State Supreme Court judge ended a Temporary Restraining Order and denied a motion for a Preliminary Injunction blocking the enforcement of new NYC Parks Department Rules, Justice Peter Tom of the Appellate Division, First Department, issued a new Interim Stay that will effectively allow artists to continue working in four key New York City parks through the holiday season. The decision came late yesterday evening, December 16, 2010, after arguments on an emergency motion filed by the artists’ attorneys, Phillips Nizer LLP.
Reached today by phone, attorney Jeffrey L. Shore, litigation counsel with the Phillips Nizer team, stated that the interim stay will be in effect at least through January 7th. Whether that stay is continued past that date will depend on Justice Tom’s full decision on the motion to block enforcement of the new park rules till the appeal of trial court’s December 15, 2010 denial of a preliminary injunction is settled, possibly sometime later in January. A Phillips Nizer press release dated today, December 17th, states that they believe that there are “at least six legal errors” in that decision.
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