Curious Last-Minute Lineup Change of Justices Results in Unanimous Decision
By Truby Chiaviello, PRIMO Magazine
Even the NY Yankees have to lose, once in a while.
That’s one way to consider Friday’s announcement by the New York State Supreme Court, Appellate Division, in Rochester, that the Justices ruled 4-0 against the Columbus Monument Corporation and in favor of Mayor Ben Walsh and the City of Syracuse to allow the removal of the Columbus Monument at Columbus Circle.
The Columbus Monument Corporation has done an extraordinary job in fighting the good fight in Syracuse. Mayor Walsh and his woke allies in the media and academia have all the advantages. Yet, the Columbus Monument Corporation has shown itself a savvy, formidable force in chalking up one victory after another in the courts of public opinion and in law.
It was back on March 11, 2022 that Justice Gerald Neri handed a stunning victory for the Columbus Monument Corporation and their allied defenders of Columbus. Justice Neri made it clear that the city had no right to tear down the Columbus Monument at the first tier of the legal controversy at the New York Supreme Court, when a hearing convened there in January, 2022.
The case was appealed by the mayor for a legal rematch, this year, on April 3rd, 10:00 a.m., at the New York State Supreme Court, Appellate Division, in Rochester. Almost four months later, a decision was announced. Yes, you can censor history. Yes, you can tear down art. So what, this statue has been there since 1934!
Back in April, the proceedings were live streamed. Folks got a glimpse of American justice at work. They saw many cases scheduled that day for a lengthy docket. And…last on the list: Columbus Monument Corporation v. City of Syracuse. And…just before the case started was the recusal of, not just one, but two justices! Substitutes were made. The switched lineup helped Mayor Walsh; as indicative of one justice who asked why all the controversy, since the statue has not been torn down, yet.
Not a good sign…
The lawyers for the Columbus Monument Corporation tried to remain optimistic after the appeal hearing. After Friday’s sad decision, however, they are now reviewing the opinion for the next round in the fight. Sources claim the Columbus Monument Corporation will appeal the ruling to a higher court in Albany.
We fight onward. We don’t give up. That’s the message from Syracuse!
Editor’s Note: You can learn more about the Columbus Monument Corporation at their web site: https://columbusmonumentsyracuse.com/
Underway is a Go-Fund-Me page to help keep the Columbus Monument in Syracuse: https://www.gofundme.com/f/preserve-a-landmark-of-italian-heritage?utm_campaign=p_lico+share-sheet&utm_medium=copy_link&utm_source=customer
