City Asks Judge to Reject NBBL Attorney’s Request to Put Off PPW Hearing

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.”

  • Louise Painline

    Muschenheim cites precedent and includes footnotes in his letter.  Walden cites an article in a daily newspaper.  And Walden is the white shoe lawyer?

  • Ty

    It’s seems really unfair for the NYC Corporation Counsel to use all of this law stuff when they write the Court.  Seems mean.

  • Anonymous

    White shoe, but, unfortunately, black hat.

  • Larry Littlefield

    “FOIL may be used during litigation for improper purposes, including harassment and delay.”
    The purpose of litigation, in many cases, is harassment or delay.  Either the defendant prefers the delay and cost to the plaintiff of a lawsuit to meeting their responsibilities, or the plaintiff seeks something they are not entitled to using the club of harassment or delay.

    It is the courts that allow this.

  • DND

    So, Walden submitted new FOIL requests to DOT and Brad Lander’s office on June 27 “based on this article.” What an incredible amount of time and public resources this clown Jim Walden is wasting. Amazing.

  • Park Sloper

    All of these people – Walden, Iris Weinshall, Louise Hainline – are just terrible.  They ought to be pariahs in the neighborhood for the harm they’ve caused and for duping a bunch of people into believing that they have a legitimate case. Shame on all of them and good luck facing any of their neighbors – the true people for bike lanes – if they succeed in their pursuit to make the city less safe.  Shame shame shame.


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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 […]

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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. Last week Bunyan urged Walden to withdraw a round of subpoenas issued to several people, including members of Community Board 6 […]

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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 […]

Judge Rejects Delay Attempt By PPW Bike Lane Opponents

Jim Walden and the bike lane opponents have failed in another effort to reshuffle the court’s schedule to gain a legal advantage in their fight against the Prospect Park West lawsuit. Yesterday, as Transportation Nation’s Kate Hinds reported, Brooklyn Supreme Court Justice Bert Bunyan denied a request by Walden to put off a July court […]