Migrants allowed to stay in Staten Island shelter after fast-moving legal battle

A fast-moving legal battle ended in a small victory for City Hall Friday night after Staten Island lawmakers tried unsuccessfully to block migrants from being housed at a borough facility.

A group of local leaders including Republican Rep. Nicole Malliotakis and Borough President Vito Fossella sued the state and city on Thursday, claiming the Adams administration would be in violation of zoning laws if it used the St. John Villa Academy in Arrochar to house migrants, court papers show.

The lawsuit further claimed the shelter would create “an unreasonable private nuisance,” “violate the public comment requirements” and “unduly burden Staten Islanders with the costs of the ‘right to shelter’ mandates.” The move came after days of protests by local residents and activists against the shelter. The school has been closed and vacant for several years.

On Friday, Richmond County Supreme Court Judge Wayne Ozzi granted the lawmakers a temporary restraining order prohibiting city and state officials from using the location, setting the next court date for Sept. 6. But before the ink was dry on the order, the city appealed and had it overturned.

A copy of the reversal was not immediately available, but both sides of the case confirmed the restraining order had been vacated.

When the initial restraining order was issued, Malliotakis took a victory lap on X, the site formerly known as Twitter.

“This is a great development, again the fight is far from over, but we're gonna continue to use every legal and legislative angle to try to stop what's going on in our city and in our country,” Malliotakis said in a video.

But by the evening, the temporary restraining order was vacated in the state supreme court appellate division by Judge Carl Landicino, allowing the migrants to remain, according to Mayor Eric Adams’ office.

“New Yorkers are weary of bearing the brunt of this national crisis, and we empathize with their concerns,” said mayoral spokesperson Kayla Mamelak in an emailed statement. “But let’s be clear: The sites we are now finding are the only options left. This situation demands a broader state and national solution.”

According to the mayor’s office, less than 2 percent of the more than 59,000 asylum seekers currently in the city’s care are sheltered on Staten Island — and 206 sites and 15 large-scale shelters have been opened citywide.

In a statement on Councilmember David Carr’s Facebook page, Republican officials who sued over the site said the initial order “gave the people of Staten Island something that both the Mayor and Governor have not — the ability to be heard” on the matter.

“We are extremely disappointed by the decision to reverse Judge Ozzi's ruling today,” they said in a statement. “We will continue to fight in the Court and in every available avenue to ensure this shelter is closed down.”

This story has been updated with additional information.