In a late filing on Friday, SeanPaul “Long Island Audit” Reyes’ (LIA) attorney Andrew Case submitted a request to Judge Jessica G. L. Clarke requesting an extension to file his response to the defendants Motion to Dismiss.
Case claimed that the defense counsel has consented to the request and would likewise receive a delay in the defense response to Case’s new filings. The new proposed deadlines are February 27, 2024, for Case’s reply, then March 12, 2024, for the defense’s reply.
The Motion to Dismiss was filed by the defense earlier in this week and brought up significant questions surrounding the jurisdiction of the case and a possible Younger Abstention violation should the case be decided before the pending criminal charges against LIA be heard.
Also questioned by the defense was the alleged lack of proof shown by the plaintiff that New York City and New York State’s individual “Right to Record” laws created new law that superseded previously established law regarding public forums.
Reyes is suing to block a policy by the NYPD that prevents filming in NYPD buildings after being arrested multiple times for violating the policy in 2023, claiming the “Right to Record” laws allow him to essentially record police anywhere within the City and State of New York.
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