Town Justice Kathleen Dell took her seat at the bench in Skaneateles Town Court at approximately 4:10 p.m. Thursday and rendered her decision shortly thereafter -- Morris's Grill will be evicted from its location at 4-6 W. Genesee St.
A warrant for eviction will be filed in the coming days and then served to the corporation. The corporation will be able to appeal the decision.
"My decision was written and submitted to my clerk last evening," Dell said Thursday.
Though Dell had already made her decision, additional papers were filed with the town court. An affidavit was submitted to the court at 9:56 a.m. Jan. 22 by Seitz Building attorney Tom Seeley and written in response to last week's hearing while Morris's Grill Corp. attorney Brian Shaw filed a request for adjournment of Thursday's proceedings at 1:49 p.m., Dell said. She denied the request for adjournment and said the papers filed during the day did not change her decision on the case.
Dell found that during the months of July, August and September, Morris's duly paid rent for the occupied space. The lease ran out Sept. 30 and throughout October, November and December, no rent was paid. Therefore Morris's payment outstanding rent in the amount of $5,898 to the Seitz Building Corp. has not been paid, Seeley said.
Jerry Gorelick, CEO of Emanon Equities, which owns the Setiz Building, said the outcome of the court case was correct and in accordance with the lease agreement.
"There will be some people in favor of keeping Morris's. There will be some people who are indifferent," he said.
According to Seeley, the judge will sign a warrant of eviction, which will then be handed over to law enforcement. Once the police, either local officers or the Onondaga County Sheriff's Department, serve the warrant the business will have three days to vacate the premises.