Whether the New York Safety Track gets to operate as it did last year at its 2.2-mile oval-shaped motorcycle training facility in Harpersfield will be determined by a panel of state appellate judges in less than two weeks, an attorney for track opponents said Thursday.
Neighbors opposed to motorcycle racing at the site of a former airfield won the latest round in the legal skirmish, when state Appellate Judge John C. Egan Jr. refused to issue a stay of a ruling by Acting Delaware County Supreme Court Judge Brian Burns issued in January. Burns had prohibited the facility from allowing racing there and placed limits on attendance and on motorcycle engine size, keeping down the loud roar of the machines.
A full five-judge panel of appellate division judges will review the issue on April 7, Zamelis said. If that panel puts a stay on the Burns’ decision, then the track “can race with impunity” because the next round of court activity won’t occur until after the summer season has ended, Zamelis said.
“I don’t think the track has a compelling case,” he said.
Efforts to contact John Ward, the lawyer for the track, were unsuccessful. He did not return a message left for him at his law office in Uniondale on Long Island.
The track’s web site indicates the facility will be open this year beginning May 3.
“The court case is all resolved, and we will be open this season,” a young man who declined to give his name said after answering the telephone line listed on the track web site.
Noting he is 17 years old, he declined to answer additional questions.
The track manager, Greg Lubinitsky, could not be reached for comment.
Judge Burns, in the January ruling, annulled the operation agreement between the track and the town of Harpersfield. After that agreement was executed, the track began to actively promote its events and market admission tickets to the general public. Burns also directed the track operators to submit a new site plan application to the town for the upcoming 2014 season and beyond.