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Matter of Transp. Alternatives v. Gotbaum

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1993
199 A.D.2d 53 (N.Y. App. Div. 1993)

Opinion

December 7, 1993

Appeal from the Supreme Court, New York County (Stanley Sklar, J.).


We find that petitioners have standing because their interests are germane to their purposes as cycling organizations (Society of Plastics Indus. v County of Suffolk, 77 N.Y.2d 761), but petitioners have not shown that the 15 miles per hour speed limit is unreasonable, arbitrary or capricious (New York State Assn. of Counties v Axelrod, 78 N.Y.2d 158, 166).

Contrary to petitioners' claim that the respondent's decision to promulgate the speed limit is not supported by any evidence or expertise, the record contains, inter alia, the police statistics that catalogue the number of bicycle accidents and the admission of one of petitioners' own witnesses, that higher speed results in more serious accidents. Nor do we find merit in petitioners' claim that the justification for the speed limit was contrived. While scientific studies of the problem could have been conducted, petitioners have not shown that the respondent's methodology was irrational (supra).

Concur — Ellerin, J.P., Wallach, Kupferman and Rubin, JJ.


Summaries of

Matter of Transp. Alternatives v. Gotbaum

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1993
199 A.D.2d 53 (N.Y. App. Div. 1993)
Case details for

Matter of Transp. Alternatives v. Gotbaum

Case Details

Full title:In the Matter of TRANSPORTATION ALTERNATIVES, INC., et al., Appellants, v…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 7, 1993

Citations

199 A.D.2d 53 (N.Y. App. Div. 1993)
605 N.Y.S.2d 26