Here’s more Glenna Goldis from the State Supreme Court hearing today:
The judge declined to stop tomorrow’s City Council vote on the term-limits extension, but she made a point of filing the order immediately and inviting the county clerk to the courtroom, so that the petitioners could appeal. But their lawyer, Randy Mastro, said he would have to consult with his clients first.
Judge Silbermann made to key points in her announcement. First, the petitioners will not suffer “irreparable harm” if the vote occurs tomorrow–a requirement for a temporary restraining order. Second, she ruled that if the court blocked a Council vote it would be “undue interference.” That suggests that if the plaintiffs return to court after the vote, she will still find that the court may not rule on the question.
Mastro emphasized to assembled reporters that the court ruled on technical grounds, and not on the question of whether there was a conflict of interest.
Stephen Kitziner, the NYC Law Department general counsel who defended the scheduled vote, said that he was “grateful that the court found the issue to be nonjusticiable.”
A spokeswoman for the NYC Law Department said she believed the petitioners were on their way to file an appeal now.