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State Judge Denies Tarrytown Motion In GM Lawsuit

Crews work to clean up pollution at the former General Motors site in Sleepy Hollow.
Crews work to clean up pollution at the former General Motors site in Sleepy Hollow. Photo Credit: Meredith Shamburger

Update: Sleepy Hollow Mayor Ken Wray says that while the judge's decision was not unexpected, "we are nevertheless pleased with his ruling."

"It is our hope that Tarrytown will choose not to pursue appeals of the decisions rendered thus far," he said.

Update 3:05 p.m.: Tarrytown Mayor Drew Fixell commented that village officials "are of course disappointed in the Judge's ruling." Sleepy Hollow Mayor Ken Wray did not immediately respond to a request to comment.

TARRYTOWN, N.Y. ? A state judge has dismissed a motion to re-argue filed by Tarrytown in its lawsuit against Sleepy Hollow over the General Motors redevelopment project.

Acting Supreme Court Justice James Hubert denied the petition, which was based on Tarrytown's claims that new facts had been uncovered since the September ruling .

Tarrytown argued that a Sleepy Hollow village official had stated on Facebook and in an online news article that the court's decision does not require Sleepy Hollow to use funds to mitigate traffic impacts in Tarrytown.

"Such an opinion about the scope and interpretation of the Court's decision, in the context here, does not constitute a 'new fact' upon which a motion for leave to renew can be based," Hubert wrote. "Accordingly, the motion is denied in all respects."

General Motors and Sleepy Hollow officials want to build a residential and retail complex on a 96-acre lot on Beekman Avenue that used to house an automotive plant. It is estimated the project will bring an additional 3,000 residents to the village.

Tarrytown brought the lawsuit against Sleepy Hollow over concerns about traffic, saying Sleepy Hollow had not taken steps to adequately mitigate the effect on Tarrytown roads.

Hubert ruled against Tarrytown in September, saying there was no merit to the suit. Tarrytown trustees then took steps to appeal the decision.

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