State Appealing for Right to Use Ratner Lawyer

New York, NY —

The state economic development authority is appealing a judge's ruling that it had a "crippling" conflict of interest in its review of the proposed Nets arena and high rise complex in Brooklyn. WNYC's Andrea Bernstein reports.

In 2003, lawyer David Paget went to work for Forest City Ratner Companies on the Prospect Heights project. While he was still working for Forest City, he also signed on with the Empire State Development Corporation.

Earlier this week, State Supreme Court Justice Carol Edmead said the very agency that was supposed to review the project "at arms length" couldn't take advice from a lawyer who also represented the developer. She said because the Development Authority has absolute power to override city zoning laws and exercise eminent domain, allowing the lawyer to continue in a dual role would "taint" and "undermine" public belief in the process.

But the state has maintained all along that it is working "in collaboration" with the developer and there is no conflict. And now its asking an appeals court to overturn the decision, and allow it to continue to retain Forest City's lawyer to review the project.