The lawsuit filed against Schuyler County by New York City over the county’s emergency order to prevent the possible relocation of migrant asylum seekers has been dismissed by a New York Supreme Court Judge.
Schuyler County Legislature Chair Carl Blowers issued the state of emergency for ten days in May after NYC Mayor Eric Adams indicated his plan to send the migrants to other areas of the state. The order prohibited municipal programs from housing the migrants as well as imposing fines on hotels and short-term rental facilities if they entered into contracts to house them. After an extension, the emergency order expired on May 21.
Schuyler County Attorney Steven Getman reports his motion to have the suit dismissed was granted by Justice Lyle Frank, who agreed with Getman’s assertion that the case was “non-justiciable.”
“We were likely to succeed on a number of our claims, including mootness, arguments that the city lacked standing against Schuyler County and that the lawsuit was brought in an improper forum,” Getman said.
Schuyler County was among over 30 municipalities sued by New York City, last month, over emergency orders to prevent migrants from being moved from the City to their communities. NYC alleged the orders were unconstitutional and sought to have the Supreme Court invalidate them, thus allowing the City to send asylum seekers Upstate.
This decision only affects Schuyler County; however, the other municipalities’ motions to dismiss are expected to be addressed in separate orders.