STATE OF NEW YORK: COUNTY OF ULSTER CITY COURT: CITY OF KINGSTON ‘THE PEOPLE OF THE STATE OF NEW YORK, -against- DECISION AND ORDER Docket No. 14-70781 CATSKILL MOUNTAIN RAILROAD COMPANY, INC., Defendant. x Defendant previously moved the Court to dismiss the information herein under Criminal Procedure Law (“CPL”) §170.30 on the basis that the accusatory information was facially insufficient, that there was a legal impediment to conviction for the offense charged in that Defendant claimed a site plan had been approved for Defendant's use, and in furtherance of justice. The Court denied Defendant's motion on all grounds. Thereafter, the Court directed the Defendant to seek site plan approval from the City of Kingston to allow for the use which was the root of the People’s complaint. Counsel for Defendant reported to the Court in the presence of the People that the ‘Defendant was not successful in obtaining the necessary consent from their landlord, The County of Ulster, which was required to complete the application for the before mentioned site plan approval. It was also acknowledged by the parties that the Defendant's lease with the County expires in May of 2016. Per the provisions of the City code, pending prosccution the Defendant is directed to cease the use of the parcel in question as a railyard to the satisfaction of the City of KingstonBuilding Department effective February 10, 2016. In addition, the Defendant is to remove all debris to the satisfaction of the City of Kingston Building Department by February 10, 2016. The trial of fact regarding the alleged violation has yet to be scheduled. The parties are to appear February 16, 2016 to schedule a trial and report on compliance with the directives set forth herein. This shall constitute the decision of the Court. ENTER Dated: Dacuae 31 HON. PHILIP W. KIRSCHNER TO: Mark J. Wagner, Esq. The West Law Firm 677 Broadway, 8° floor Albany, NY 12207 Daniel Gartenstein, Esq. Assistant Corporation Counsel 420 Broadway Kingston, NY 12401