A ruling issued by the New York State Supreme Court Appellate Division on January 19, 2017 has cleared the way for Jewish Home Lifecare (JHL) to begin construction of its planned 20-story nursing tower, just feet from the entrance to P.S. 163. The timing of groundbreaking is still unclear, as a zoning challenge by nearby residents is still pending. In the 3-1 ruling by the New York State Appellate Division, First Division, it was clear that the court was split on whether to grant P.S. 163 the protections it sought for the nearly 600 students, ages 3 to 11, who attend school there each day. But the court as a whole voted to overturn the December 2015 ruling by Judge Joan Lobis, who had found in favor of P.S. 163’s argument that JHL’s proposed construction does not adequately safeguard the students and staff of P.S. 163. The pro bono attorney representing P.S. 163 in the case, Rene Kathawala, said today: "We will appeal." But he cautions that "that option is unlikely given how few cases are accepted by the court of appeals."
We are a group of parents fighting to keep NYC school children safe!