JLCNY Legal & Moral Response to NY AG’s Request to Dismiss Lawsuit

scales of justiceYesterday MDN told you about New York’s shameful Attorney General, Eric Schneiderman, had filed to dismiss the lawsuit brought by the 70,000-member Joint Landowners Coalition of New York that seeks to have the courts force Gov. Cuomo and his lieutenants to do their job and release new drilling regulations (see NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo). Immediately following our publication of that article, the lead attorney for the JLCNY, Scott Kurkoski, emailed MDN two legal documents he had filed in responding to the AG’s request to dismiss.

The first document (embedded below) is the 43-page “Petitioners-Plaintiffs’ Memorandum of Law in Opposition to Motion to Dismiss”–the official response to Scneiderman’s shameful attempt to deny justice to residents of New York. It contains all of the legal reasons why the Article 78 case should move forward, and why Schneiderman’s request to dismiss should be denied. The second document (also embedded below) is a 113-page “Affirmation of Scott R. Kurkoski in Support of Petitioners-Plaintiffs’ Opposition to Respondents-Defendants’ Motion to Dismiss.” Only a lawyer can come up with a name like that! This second document is Scott essentially saying, “I’m a lawyer in this case with personal knowledge, and I support the JLCNY’s request to deny dismissing the case, and here’s why…” The first document contains the legal reasons why the case should move forward, the second document contains the moral/ethical reasons and pertinent background. Why read through a 113-page legal document?…

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