Prospect Park West Bike Lane Lawsuit Appeal
They can’t be stopped by public opinion. They can’t be stopped by a sterling safety record. They can’t be stopped by two-hour lines for gas.
As you’ll recall, the effort to remove the Prospect Park West bike lane was dismissed in August 2011. But even that isn’t stopping the people behind Neighbors for Better Bike Lanes and Seniors for Safety.
Tomorrow, November 8th, the Appellate Division hearing of the Prospect Park West bike lane lawsuit begins. The appeal, Matter of Seniors for Safety vs. New York City Department of Transportation is fifth on a docket that kicks off at 10 AM at the Supreme Court of the State of New York Appellate Division, Second Department, at 45 Monroe Place in Brooklyn Heights. The hearing is open to the public.
No word on whether this is still happening due to the storm, so check back here for updates.
Brooklyn Spoke 
After listening to judges’ questions, my prediction is that the appellate court will affirm the dismissal in its entirety, albeit on different grounds. On the claim that the DOT acted arbitrarily and capriciously in constructing the bike lane, the appellate court is likely to affirm the lower court on the grounds that the DOT acted reasonably in constructing the bike lane, regardless of whether the bike lane foes timely challenged it, or not. On the remaining claims of the landmarks commission’s approval and the state approval, the appellate court is likely to affirm the lower court on the grounds of timeliness. The lawyer who argued the case for the DOT was nothing to write home about. Her voice was shaking. She had trouble getting her message across to the judges.