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Judge extends restraining order on Kensington Expressway Project, orders $10k bond

The Kensington Expressway at Humboldt Parkway and Winslow Avenue – in the NYS Department of Transportation's proposed project area.
Valerie Wales
The Kensington Expressway at Humboldt Parkway and Winslow Avenue – in the NYS Department of Transportation's proposed project area.

Judge Emilio Colaiacovo presiding over a case between the New York State Department of Transportation (NYSDOT) and Eastside Parkway Coalition (ESP) has extended the current restraining order in place, preventing the state from awarding contracts to start construction of the Kensington Expressway tunnel until November 15th. In addition, petitioners of the state must pay a $10,000 bond in order to keep the restraining order in place after the NYSDOT argued the restraining order is costing them $450,000 per month.

The relatively low bond comes as a welcomed sight for ESP, and a possible sign of the judge leaning toward their side of the argument.

ESP argues the states skipped multiple steps in proposing the project including not submitting an Environmental Impact Statement. NYSDOT argues they did submit the proper documentation by submitting an Environmental Assessment.

Judge Colaiacovo also ordered that both sides submit a document to be due November 1st that argues their case in no more than 15 pages. Both sides are due back in court on Nov. 18 for another hearing.

Jamal Harris Jr. joined the BTPM news team in September of 2024. He serves as the local host for NPR’s “All Things Considered” as well a government reporter.