BUFFALO, N.Y. -- New York state Supreme Court Justice Emilio Colaiacovo has issued a temporary restraining order barring the Department of Transportation from beginning any construction on its estimated $1 billion Kensington Expressway project.

The judge did, however, allow the state to continue to enter into contracts for the project. Attorney Alan Bozer represents the Eastside Parkways Coalition, among many others, in the multifaceted case.

"We do not want construction to proceed on this project while we are still arguing in the court. If construction proceeded, then at the end of the day the other side could say, look you're too late," Bozer said.

The Wednesday hearing came as lawyers from the state attorney general's office, representing DOT, said the first contract for the project was imminent. It is the Best Street Improvement portion of the project which includes significant updates to a bridge over the expressway.

Assistant Attorney General Patrick Omilian argued delays could cost hundreds of thousands of dollars in inflationary costs and potentially jeopardize the project.

"The majority of the project here is federal dollars, is funded by the federal government. The longer this project is delayed by the TRO, by preliminary injunction or what have you, the less likely or less reliability if you wil,l is that those federal dollars will remain there," Omilian said.

All sides, including the judge, seemed to agree it was unlikely any construction would happen anyway before Oct. 25, when a hearing is scheduled to argue both a motion from the state to dismiss the case altogether and another from petitioners for a preliminary injunction.

The main argument from petitioners is the state failed to complete a full review of the environmental impact of the project, which includes covering about three-quarters of a mile of the expressway.

Bozer said he's not reading too much into Wednesday's win.

"Overconfidence is a good way to lose a case," he said. "No, we are proceeding very hard to get ready for Oct. 25 when the judge will decide everything."

The project is being challenged by residents who say partially covering the roadway will lead to an increase in pollution in their neighborhood, and violates the state Constitution's Green Amendment. 

In a statement a DOT spokesperson said, "The Kensington Expressway project’s environmental process adhered to all applicable state and federal laws. We continue to look forward to advancing this project to reconnect a community that was divided generations ago."

According to an email Spectrum News 1 has obtained, the department did cancel a stakeholders meeting scheduled for Wednesday afternoon as it "re-evaluates the next steps."