BUFFALO, N.Y. (WKBW) — The battle over asylum seekers in Western New York returned to court. The Town of Cheektowaga was granted a temporary restraining order two weeks ago — stating the hotels are no longer operating as hotels which is violating the town zoning code. This order prevents the hotels from accepting new asylum seekers.
After another hearing on Friday, there is still no decision on the town's preliminary injunction against the hotels which means nothing changes and the order remains in effect.
The town is asking the three hotels to submit special use permits in order to continue to house asylum seekers.
State Supreme Court Justice Emilio Colaiacovo questioned Robert Zitt, the attorney representing Cheektowaga, over what would happen if he allowed the town to request those permits. Zitt said it would be difficult to answer.
"The town board has to consider public hearings, public comment. It's a legislative determination," Zitt said.
Justice Colaicovo also questioned Zitt over why DocGo wasn't named in this lawsuit. DocGo is a company contracted by New York City to facilitate care to asylum seekers across the state and here in Western New York.
Todd Soloway, representing the three hotels, said he felt DocGo is necessary, while Zitt said DocGo is not relevant to the case.
The attorneys will be back in the courtroom on September 6 and 7 for an evidentiary hearing. Colaicovo said he wants DocGo to be a part of these proceedings.
