The state Appellate Division wisely ruled that the half-billion-dollar fine levied on President Trump for allegedly “overvaluing” his properties such as 40 Wall Street was unconstitutionally “excessive.” It ought to be the last word on the matter — but it might not be.
The decision was a rebuke to state Attorney General Letitia James, who brought the malicious and politically motivated “fraud” case against Trump, and to state Supreme Court Judge Arthur Engoron, who signed off on the absurd $500 million penalty James wanted.
But because the Appellate decision wasn’t unanimous, it faces a likely review before the Court of Appeals, the state’s highest judicial body. Its seven members, all of whom were appointed by Gov. Kathy Hochul or former Gov. Andrew Cuomo, have a majority, strongly leftist tilt.
The Trump case, it’s worth recalling, marks at least the third time Engoron was reversed in a high-profile civil case involving real estate.
Engoron was unanimously shot down by the Appellate judges last year after he blocked a plan for a mixed-use project at 250 Water St. near the South Street Seaport. His spurious and immaterial rationale was a supposedly “impermissible” relationship between the developer and the Landmarks Preservation Commission — merely an excuse to torpedo a plan he didn’t like.
In early 2020, the Appellates also unanimously overturned Engoron’s decision to reject plans for tall new towers on the Lower East Side even though the law clearly allowed them. He said, “You can’t just do this because the zoning allows it.”
If there’s any justice, Engoron will strike out again for good.
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