Metro

Appeals court backs opening of tony Union Sq. Park eatery

Who knew Mayor Bloomberg’s legacy would include an $18 omelet.

A state appeals court today ordered up the completion of an upscale, seasonal restaurant, the centerpiece of Hizzoner’s $20 million renovation plan for the north end of Union Square.

Construction of the tony Chef Driven Market, with eye-popping brunch prices of up to $19.95 a plate, was halted in January when a lower court judge issued a stop work order.

With today’s legal greenlight, the market will be open by June, a spokesman said, cheering the ruling.

“This terrific new amenity will enliven the park,” said Shane Kavanagh, who represents the nonprofit group Union Square Partnership that runs the park.

A substantial amount of work had been done to transform the crumbling pavilion where the eatery will be go, but the build out is far from complete and chef Simon Oren, of 5 Napkin Burger frame needs more time to hire and train staff.

The Appellate Division nixed Manhattan Supreme Court Justice Arthur Engoron’s opinion last January that the eatery represented “conspicuous consumption” in an era of “austerity.”

The five-judge panel ruled that “the seasonal restaurant and holiday market concessions at issue do not violate the public trust doctrine since they are permissible park uses.”

“The concessions are revocable licenses terminable at will,” it concluded.

The decision also approved that popular holiday craft market at the southern end of the park, which Judge Engoron blasted as akin “to an outdoor Walmart on Black Friday.”

But the city, which first announced the square’s facelift near the beginning of Bloomberg’s term in 2004, has remained steadfast in its support for the public private scheme.

“Seasonal amenities, such as outdoor cafés and bazaars, enhance the park experience for City residents and visitors alike,” said the city’s chief attorney, Michael Cardozo.

Some local residents skewered the plan as commercializing landmarked green space and have waged at least six years of court battles to block it from going forward.

“The big takeaway is the Bloomberg administration and the Union Square Partner’s plan to take away desperately needed play space speaks volumes about their priority,” said parks advocate Geoffrey Croft.

“They should be ashamed of themselves.”

The opponents are considering appealing the decision.