Judge dismisses road diet suit; DOT quickly jumps to the task
The fate of the Morris Park
Avenue road diet legal challenge
was learned late Friday,
October 18, several hours before
the start of a beautiful fall
weekend.
In a blow to the thriving
business community, a judge
dismissed the road diet action,
noting that the merchants
were not aggrieved enought.
On Monday, October 21
at 8 a.m. NYC Department
of Transportation moved at
breakspeed to re-start the remarking
of the roadway for the
new lane design. By the end of
Wednesday the street was prepared
for the new lines from
Adams Street to Bronxdale
Avenue.
Earlier efforts by DOT to
intiate the unpopular reduction
of travel lanes on the
heavily-traffi cked thoroughfare
were thwarted at the last
moment by an temporary restraining
order in late spring,
as the road lines were being
removed. DOT had to restore
the old markings while the injunction
continued.
The defendants have
launched an appeal but are
not sure they can delay the
road diet’s progress as the ac-
tion moves through the court.
John Parker, a City Islandbased
attorney, is representing
the merchants. The appeal
is based on errors of law and
errors of fact.
In Judge Lucindo Suarez’
decision he praised Bronx
DOT commissioner Nivardo
Lopez for reaching out to the
Morris Park merchants and
obtaining their support for
the plan.
Parker has not been able to
locate the merchants Lopez allegedly
spoke to about the road
diet.
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According to the city’s road
diet plan, Morris Park Avenue,
which currently has four
travel lanes, two in each direction,
would have only one
thru-traffi c lane in each direction,
dedicated left-turn bays
and a bicycle lane on each side
of the street, under the plan.
Some street parking would be
eliminated to accommodate a
loading zone.
The plan encompasses the
length of Morris Park Avene
from Adams Street to Newport
Place, a distance of 1.7 miles.
Road diets are being implimented
throughout the city to
slow down traffi c in an effort
to save lives. Parker doesn’t
agree that the safety statistics
support what the city is doing.
Morris Park Avenue is the
primary access road for emergency
vehicles heading to Montefi
ore’s Einstein Hospital and
NYC Health and Hospital’s Jacobi
Hospital and the road diet
may actually lead to a slower
emergency response time, putting
patients’ lives in danger.
The many ‘mom & pop’
stores that line the avenue are
already struggling for survival.
Between e-commerce
and the non-stop ticketing of
their customers by NYC traffi
c agents, the don’t need another
challenge.
Already the businesses are
wondering how will they get
their deliveries if the trucks
have nowhere to double park.
The Morris Park Association
and Community Board 11
have opposed the plan since
Day 1. They believe that traffi c
will spill onto the residential
side streets if traffi c becomes
bottlenecked on Morris Park
Avenue.
The side streets are not prepared
to handle the overfl ow
traffi c and the Morris Park
community’s young and old
residents alike will be in jeopardy
by the increased traffi c
volume on their streets.
Councilman Mark Gjonaj
has supported the community
in its efforts to derail the city’s
plan.
“I will continue to support
the community’s wishes.
When they proceed with an
appeal, I will help in any way
I can,” Gjonaj said.
The busy Morris Park Avenue business corridor is under asault. File Photo
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