The city’s Law Department has responded to the latest maneuver by Gibson Dunn attorney Jim Walden seeking to delay a decision on the Prospect Park West lawsuit.
On Monday, Walden sent a letter to Brooklyn Supreme Court Judge Bert Bunyan, citing a recent New York Times story on Bloomberg administration pilot projects to press his case for an adjournment until September 7. The hearing had already been adjourned from June 22 to July 20.
In response, city attorney Mark Muschenheim sent Judge Bunyan a letter [PDF] arguing that the Times story is irrelevant to the PPW case, and that Walden’s attempt to delay the hearing by asking for time to pursue additional FOIL requests (he’s already received hundreds of pages from DOT and Council Member Brad Lander) should be rejected.
Note the citation of actual cases in the city’s letter, including a 1984 decision that stated, “FOIL may be used during litigation for improper purposes, including harassment and delay.”