Niagara Falls to Appeal Judge's Order to Pay Library Funds

http://www.ala.org/ala/alonline/currentnews/newsarchive/2005abc/november2005a/niagarafalls.cfm

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Posted November 18, 2005.

Niagara Falls to Appeal Judge’s Order to Pay Library Funds

Niagara Falls officials will appeal a ruling by a New York State Supreme Court judge ordering the city to pay the full amount allocated to its two libraries in the 2005 budget. The library sued to obtain the full $2.1 million after the financially strapped city said last year that it could only afford about half that amount.

The library board said the city’s appeal was an attempt to stall the judge’s order and that it denied the library funds it needs to stay open. Library attorney Ned Perlman said he will ask the Supreme Court’s Appellate Division to hear the case as soon as possible.

The city filed the appeal November 10, the day after the library board filed a motion in the State Supreme Court seeking that the remaining portion of the money due the library be paid in one lump sum. City policy is to release money to the library after the city controller reviews the expense request, the Niagara Gazette reported November 14. The library’s motion claims the city refused to pay $3,000 to reimburse the library for money it had used to set up a new bank account.

“Unless the court intervenes, the library trustees will be denied control of library monies, which is a clear violation of the prior judgment of the court,” wrote Perlman in an affidavit to the court.

Posted November 18, 2005.