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The Nets effort to move to Brooklyn has suffered a setback in New York State Appellate Court. A ruling that should ensure thatthe basketball team will remain at the Meadowlands for at leastthree more seasons.

The court, in a decision made public on Monday, declined todismiss a lawsuit challenging New York State’s authority to useeminent domain to acquire land at the site of a proposed basketballarena, commercial and residential project.

But real estate developer and Nets principal owner Bruce Ratnervowed in a statement to make the long-stalled Atlantic Yards projecta reality.

“While the Appellate Division’s decision to hear the case maydelay the project for approximately six months, let me be clear thatthe project will go forward,” Ratner said in the statement.

Ratner added that the construction and office jobs created andthe promise of affordable housing at Atlantic Yards “is all the moreimportant as our city and country confront one of the most difficulteconomic downturns in history. We are as committed as ever to thedevelopment of this project.”

Develop Don’t Destroy Brooklyn, a coalition of opponents ofRatner’s plan, countered that the ruling was a “major setback” forAtlantic Yards.

The coalition estimates that oral arguments in the case might notoccur until next spring and a decision might not come until mid-2009 or later.

Ratner had said recently that he planned to break ground on thearena in December. So the “six months” of delay apparently means hiscompany will attempt to start arena construction shortly after whatit anticipates will be a favorable ruling.

The Nets have claimed for months that they will move to Brooklyn”sometime in 2010.” But arenas nationwide usually take 24 months toconstruct. So even a December groundbreaking would have it alongshot for the Nets to begin play at a new facility for theOctober start of the 2010-11 season. The Nets have a deal with theNew Jersey Sports and Exposition Authority to remain at Izod Centerfor up to five more seasons if necessary.

If the Nets don’t break ground until summer 2009, they’ll have towait until the 2011-12 season to play their first game in Brooklyn.When Ratner bought the Nets in January 2004, he hoped to begin playin Brooklyn next month.

Lead plaintiff Daniel Goldstein and others have refused to selltheir residences at the Atlantic Yards site, making it likely thatthe state would need to invoke eminent domain to move the projectforward.

Ratner has said his company and the state will find a way toobtain the funds for the $900 million arena, which would be morethan twice as expensive as any existing arena.