Quick resolution of the Conesus Inn case probably is not in its future, as the forced retirement of Judge John Ark means the case must be transferred to another judge, who will have to fit it into his own schedule, and acquaint himself with the details. Ark last ordered mediation between Carl Myers Enterprises and the neighbors, with Geneseo’s Tom Moran as mediator, but according to Moran, Carl Myers Enterprises refused the mediation, so the case went back to Ark’s court. The historic restaurant closed in 2012, and was closed to the public until it was ripped down in Summer 2015. Rebuilding began in Spring 2016 with significant enlargement and changes from what was approved by the Conesus Zoning Board of Appeals, prompting the lawsuit from neighbors.
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Forty-six judges in New York State will be ending their terms unexpectedly Dec. 31, 2020. Included in that number are judges in Rochester James Piampiano and Judge John Ark. Piampiano handled the Charlie Tan case, and Ark has been handling the Conesus Inn case, the Brighton Whole Foods case, and several mesothelioma cancer lawsuits, in addition to other election-related cases.
The 46 judges’ jobs were targeted by an edict from Governor Andrew Cuomo, which cut $300 million from the budget. Not offering re-certification for these judges will save about $55 million, but will also increase workload of an already overburdened court system in New York, where cases often take years to settle. All of the judges were denied re-certification even though they had done nothing wrong. However, re-certification is required of judges over 70 years old every two years, and with their certification denied by the state, the judges must step down Dec. 31, 2020. Their workloads will be shared by other judges.
However, the other judges already have their own workloads, and may not be familiar with the details of the case that Judges Ark and Piampiano have been handling, some of these cases for years. It’s expected that the move to remove the judges will slow cases considerably, as the other judges try to fit cases into their own busy schedules, and review past evidence, since they may not be familiar with the case.