Judge Rejects More NBBL Subpoenas in PPW Case [Updated]

Here’s the latest on the Prospect Park West bike lane case: Brooklyn Supreme Court Justice Bert Bunyan has again rejected an attempt by NBBL attorney Jim Walden to issue subpoenas without approval from the court.

Photo copyright Dmitry Gudkov

Last week Bunyan urged Walden to withdraw a round of subpoenas issued to several people, including members of Community Board 6 and Transportation Alternatives director Paul Steely White. Today Bunyan recommended that Walden withdraw subpoenas he had issued last month to Transportation Commissioner Janette Sadik-Khan, City Council Member Brad Lander, and DOT officials. Walden complied and agreed not to issue more subpoenas unless the court decides to allow them first.

While the rejection of those subpoenas was undeniably a setback for NBBL, remember that the very act of issuing them produced all these headlines in the first place, so you can’t really say the whole gambit was a loss for bike lane opponents.

“We are pleased with today’s developments, which will go a long way toward ending the harassing theater that has surrounded this case,” said attorney Karen Selvin of the NYC Law Department in a statement. “We look forward to the judge’s decision and are confident that we will prevail on this important New York City project.”

There is no date scheduled for the next hearing in the case. Judge Bunyan may issue a decision at any time. It’s also still possible that he may decide to allow discovery in the case, which would open the door for subpoenas again.

Meanwhile, Park Slope residents and other Brooklynites will continue to reap the benefits from a project that was requested by the local community, approved by Community Board 6, and has met its goals of slowing traffic, reducing dangerous crashes, and encouraging cycling.

The post has been updated with a statement from the NYC Law Department.

  • Vladshch

    That’s a great photo of the bike lane.

ALSO ON STREETSBLOG

NBBL Subpoenas Not Yet Sanctioned By the Court, But Embraced By the Post

|
Two hours after Streetsblog published a post on Monday about the City University of New York’s refusal to disclose former DOT Commissioner Iris Weinshall’s correspondence about the Prospect Park West redesign, bike lane opponents spun up their publicity machine and spat out a press release from their PR firm, LCG Communications [PDF]. The release informed […]

This Week: Help Plan a Continuous East River Greenway

|
The first week of August is a light one on the Streetsblog calendar. The big event is not listed, in fact. On Wednesday, Brooklyn Supreme Court Justice Bert Bunyan will hear the latest arguments in the Prospect Park West case. The motions to be considered include whether to allow the first round of subpoenas from […]

JSK Counters Markowitz Affidavit; No Decision on PPW Bike Lane Case Today

|
Transportation Commissioner Janette Sadik-Khan has submitted an affidavit countering Brooklyn Borough President Marty Markowitz’s assertion that the Prospect Park West bike lane was installed as a trial. The rest of the news coming from today’s hearing in Brooklyn Supreme Court once again centers on procedural maneuvering. There was no decision on the Prospect Park West […]

NBBL Press Releases vs. NBBL

|
Like a reanimated corpse, the PPW bike lane lawsuit is stumbling on a little while longer, as NBBL appeals Brooklyn Supreme Court Justice Bert Bunyan’s dismissal of the case. The surreal part of the spectacle this time around is that bike lane opponents are basically repeating what they said last year, even though their own […]