Skip to Content
Streetsblog New York City home
Log In
Bike Lanes

Judge Sides With City Over NBBL in Preliminary Procedural Question

4:34 PM EDT on May 18, 2011

In the opening round of the court case against the Prospect Park West bike lane, the city says that the judge sided with its lawyers on the procedural question at stake in today's hearing. Said a spokesperson for the city's Law Department, which is representing the defense in the case:

Today's court appearance mainly covered scheduling issues. At the appearance, the petitioners made an application to the Court requesting permission to engage in discovery (i.e. requests for documents and questioning witnesses under oath) before the Court considers the merits of the case (i.e. the petitioners' Article 78 petition and DOT's response). Discovery is typically not permitted in an Article 78 proceeding like this one. The petitioners' application was denied; however, the Court will again consider the application when it considers the case merits on June 22. (Note: The June 22 hearing was previously scheduled for June 15 and was moved back today.)

In other words, while no final decisions were made, and the opponents of the bike lane could be granted discovery next month, the city says it won the first round. Legal eagle Streetsblog readers are invited to interpret further in the comments.

Said city attorney Mark Muschenheim, "We are pleased that the Court agreed with us on this procedural issue today. We are confident that the Court will give similar careful consideration to the merits of the case when they are argued on June 22."

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Tuesday’s Headlines: Don’t Look Up Edition

It's hard to believe that it's going to rain again today, plus other more important news.

September 26, 2023

Another Flip-Flop: City Hall Allegedly Pauses Almost-Done Underhill Ave. Bike Boulevard

City Hall is intervening in yet another street redesign project, and supporters fear it could be the start of dismantling other improvements.

September 26, 2023

Analysis: Everyone Agrees — Less Parking Means More Housing

Let's take a second-day look at Mayor Adams's "City of Yes" zoning proposal to do away with mandatory parking in new developments.

September 25, 2023

What is the Life of a Dead Pedestrian Worth?

A cop laughed that a normal person is only worth $11,000 — and that figure was partly due to his racism, but also how little we value the lives of people on foot.

September 25, 2023

Monday’s Headlines: ‘What is Up With All These Flip-Flops, Mayor?’ Edition

It's the same old story with this mayor and his chief adviser, Ingrid Lewis-Martin. Plus other news.

September 25, 2023
See all posts