BREAKING NEWS Supreme Court Justice Ruth Bader Ginsburg died Friday at her home in Washington, the court says. She was 87. Full Story

MVHS lawsuit advancing in Albany Supreme Court

The No Hospital Downtown group tells us the State Supreme Court in Albany has ruled the case against the Mohawk Valley Health System downtown hospital SEQR process has merit.

Posted: Dec 27, 2019 7:36 AM
Updated: Dec 27, 2019 6:19 PM

UTICA, N.Y -- The State Supreme Court in Albany is advancing the case against the Mohawk Valley Health System downtown hospital SEQR process with a decision by Judge L. Mackey to grant or deny several motions in the case.

The No Hospital Downtown group says the decision proves their case has merit.

On Dec. 12, shovels went in the ground to mark a cermonial beginning of construction of the ten story, 672,000 square foot facility.

The lawsuit calls into question the state environmental quality review of the property.

"We expect further procedural maneuvering by MVHS and the Planning Board, however we continue to be both financially and legally well-positioned to defend the public's wishes against this urban renewal scheme," said No Hospital Downtown co-founder, Brett Truett. "The public was shut out on this, so we have no alternative but to fight for justice," Truett added. 

New York's State Environmental Quality Review Act (SEQR) requires all state and local government agencies to consider environmental impacts equally with social and economic factors during discretionary decision-making, according to the NYS Department of Environmental Conservation.

"This is a major setback to the Planning Board and MVHS," No Hospital Downtown co-founder Jim Brock said. The Albany court's decision means anything MVHS is doing is totally at risk. While it appears NYSDOH has advanced a small portion of funds 'promised' by the planned $300 million grant, we believe MVHS will not get full state funding until the SEQRA issues are resolved in their favor. We contend, and today we see the court agrees, the SEQR documents and process were flawed." 

The planned completion date for the facility is still set for Feb. 2023. 

Click here to read the full court document.

MVHS released a statement regarding the decision:

“Supreme Court Justice L. Michael Mackey released his findings on our challenges to the Article 78/Declaratory Judgment proceeding. Judge Mackey dismissed all portions of the Article 78/Declaratory Judgment proceeding due to procedural inaccuracies with the exception of the challenge to the State Environmental Quality Review (SEQR) process.

"Overall, this is a very positive ruling as the majority of the proceedings were dismissed, including the challenge that the Site Plan review was not timely. The judge has determined that the Site Plan is valid and we will continue work on the project.

"The judge’s determination that the procedure to challenge SEQR was properly followed means the next step would be for the court to hear the SEQR challenge based on the merits of the case.”

New York Coronavirus Cases

County data is updated nightly.

Confirmed Cases: 448052

Reported Deaths: 33085
CountyConfirmedDeaths
Queens714747239
Kings667377314
Bronx524684940
Nassau460522201
Suffolk459562011
Westchester377181454
New York329383178
Richmond156891085
Rockland14747675
Orange11760498
Erie10873689
Monroe5857289
Dutchess5050153
Onondaga4185205
Albany2979134
Oneida2369123
Ulster223595
Niagara1707101
Putnam156963
Sullivan156848
Broome145069
Schenectady137448
Saratoga98517
Rensselaer89542
Columbia58037
Chautauqua5359
Madison48417
Ontario45435
Oswego4183
Tompkins3900
Warren35433
Steuben34242
Fulton33124
Otsego3245
Orleans32254
Greene31918
Herkimer31810
St. Lawrence3144
Genesee3095
Wayne3065
Chemung3053
Washington28714
Cattaraugus2496
Chenango2487
Tioga22225
Montgomery2194
Livingston2018
Cayuga1952
Jefferson1600
Essex1570
Clinton1545
Cortland1500
Wyoming1315
Delaware1294
Seneca1053
Allegany951
Schoharie830
Franklin640
Yates627
Lewis500
Schuyler370
Hamilton140
Unassigned019
Utica
Clear
59° wxIcon
Hi: 59° Lo: 34°
Feels Like: 59°
Oneonta
Clear
54° wxIcon
Hi: 58° Lo: 34°
Feels Like: 54°
Herkimer
Clear
59° wxIcon
Hi: 58° Lo: 34°
Feels Like: 59°
Thendara
Clear
59° wxIcon
Hi: 52° Lo: 31°
Feels Like: 59°
WKTV Radar
WKTV Temperatures
WKTV Severe Weather
Click here to learn more about A Healthier Mohawk Valley
Saluting Those Who Are Proud 2 Serve
WKTV Golf Card - Under 150 left