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)RK
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KINOS
\
In
theMatter
of
the
Application
oF
SENIORS
FOR
SAFETY.
an
unincorporatedassociation,
h
andin
the
name
of
its
President,
Lois
CarsseIl.
and
NEIGhBORS
FOR
BETTER
BIKE
LANEs.
an
unincorporated
association.
h
and
in
the
name
of
its
President.
Louise
I
lainline.
Petitioners.
Isor
Judement
Pursuant
to
CPT
R
Article
78
against
-
NEWYORK
CITYI)EPARTMENT
OF
TRANSPORTATION,
and
JANE1TE
SADIK-KIIAN.
COMMISSIONER
OF
TRANSPORJ
ATION.
in
her
oliicial
capacity.
Index
No.
)
L\S
Part
Justice
NOTICE
OF
PETITION
PURSUANTTO
CPI.RARTICLE
78
Respondents.
x
PLEASE
FAKE
NOTICE
that,
upon
the
annexed
Verified
Petition.
erified
on
March
7.
2011.
together
ith
the
accompanyingAffirmation
of
Jim
Walden.datedMarch
7.2011.
‘aith
exhibits
thereto.
and
the
Affida\
it
o
Eric
R.
Fox.with
exhibits
thereto.Petitioners
Seniors
for
Safet.
h’and
in
the
name
of
its
President.
Lois
Cars
elI.
and
NeighborslbrBetter
BikeLanes.
by
and
in
the
name
ofits
president.
louise
1-lainline.
will
mo
e
this
Court.
at
the
courthouse
thereoF
located
at
360
Adams
Street.
Kings
County
Supreme
Court.
on
March
29.
2011
at
9:30
a.m..
or
as
soon
thereafter
as
counsel
rna
be
heard.
fhr
a
judgment
pursuant
to
CPLRArticle
78
granting
the
relieldemanded
in
the
Petition,
along
sith
such
other
and
further
relief
as
the
Court
dcem
propci.
I
his
proceeding
is
(or
a
judgment
aaaint
Repundcnts
pursuant
to
P1
R
\rticle
P1
1
ASE
‘1
AKE
FT
Ri
IIFR
NOTICF
that.pursuarn
to
CPLR
7804.
Respuudent
ans\\er
and
supporting
aftida
its.
if
ant.
are
required
tohe
ser
ed
by
hand
uponthe
undcrigned
by
March
24.
2011.
and
Petitioners
reply
and
supporting
afIida
its
you
he
sCF\
ed
b
hand
on
March
28.
2011.
Pursuant
to
CPI
R
7804(b).
this
Court
has
exc1usi
e
jurisdiction
o
er
this
Article
78
petition.
and
pursuant
to
CPLR7804(h)
and
CPI
R
506(h).
Petitioner
states
that
Kings
(ount
is
a
proper
‘..
enue
forthis
proceeding.
Dated:
Nex\
York,
Nesv
iork
March
7,
201
1
Respectfullysubmitted.
DUNN
&
CRUTCIIER
TIP
TO:
Ne
York
Cit
Department
of
fransportation
Office
of
General
Counsel
55
WaterStreet.
NinthFloor
New
ork,
NY
10041
-
and
-
JanetteSadik-Khan.
DO
F
Commissioner
Office
of
GeneralCounsel
55
Water
Street.
Ninth
Floor
Nc
York.
NY
10041
enue.47th
Floor
<c
York10166-0193(212)
351-2300
t212j
351-5300
i
t/orfley
/r
Pe/itioizers
SI
PR1AIE
COLRT
OF
1
lIE
S
fAIL
OF
NEWYORK
4
Ni
Y
OFKINGS
x
Inthe
Matter
of
the
:\pplication
of.
SENIORS
FORSAFETY.
an
unincorporated
association,
byand
in
the
name
of
its
President,
LOIS
Carswell,
and
NEIGHBORS
FORBETTERBIKE
LANES.
an
unincorporatedassociation.
by
and
in
the
name
of
its
President.
Louise
I
lainline.
Petitioners,For
Judgment
Pursuant
to
CPLR
Article
78
-
against
-
NEW
YORKCITYI)EPARTMENT
OF
TRANSPORTATION.
and
JANETTE
SADIK-KHAN,
COMMISSIONER
OF
TRANSPORTATION.
in
herofficial
capacity,
Respondents.
x
Index
No.
S-
I;\S
Part
Justice
VERIFIED
PETITION
Index
No.
Petitioners,
by
theirundersignedattorneys.lbrtheir
verified
petitionallege
as
follows:
1NTROI)UCTION
1.
Respondents
have
engaged
ina
scheme
to
justif’
the
placement
of
a
two-way,
parking-separated
experimentalbicycle
lane
(‘EBL”)
on
Prospect
ParkWest,relying
on
misleading.selective,
and
unsounddata
to
support
false
conclusions.
(See
paragraphs
24
through
77
belowi
Respondents
also
colluded
‘a
ith
radical
proF
RE
lobhvis
ts
to
mislead
the
public,
to
suppress
(in
theirwords,
neutralize
11
)
criticism
of
theEBL.and
to
wage
personalattacks.
via
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