Thread by @KlasfeldReports

Eric Garner's family has been fighting to order a judicial inquiry into his death.

A hearing in that case is about to begin before Justice Joan Madden.

Follow along.

Up first is @GideonOliver for the families.

The court previously ruled that the proceeding for an independent court inquiry into Mayor de Blasio and the city's conduct could move ahead.

Oliver notes that the city hasn't moved forward on its appeal.

Steven Kitzinger, the city's lawyer, said that the case "remains in limbo, in purgatory" because the judge denied the motion to dismiss but didn't grant the application for the summary inquiry.

Justice Madden: "I'm having a little trouble following your argument, Mr. Kitzinger."

This is the justice's 48-page order from late September, via @ChangetheNYPD. changethenypd.org/sites/default/…

The parties are offering dueling interpretations of the scope of that order.

@GideonOliver: I think the court has granted the motion to dismiss in a way that allows the judicial inquiry to proceed.

Justice Madden: What's the status of this particular proceeding?

@GideonOliver replies that the case should proceed to discovery, which typically follows the rejection of a motion to dismiss.

.@GideonOliver, for Garner's family:

"To answer the question of what should come next, some limited discovery followed by the examinations" that would come publicly.

Justice Madden adjourns the proceedings without an immediate ruling, wishing the parties a happy Thanksgiving.

She says she will have a decision "soon," maybe not this week or the week after.

A few points of analysis, post-hearing:

Justice Madden previously issued an order that will result in a long-sought judicial inquiry into Eric Garner's death, and the city wants to appeal it.

The city's bid to stay the inquiry led to a procedural game of musical chairs.

Here's what I mean by that:

If her order set the judicial inquiry into motion, the city argues they deserve that stay.

If on the other hand, it simply denied a motion to dismiss, the case just moves to discovery.

So the city's now arguing that the ruling against them is more sweeping than the families interpret it.

Meanwhile, the city says they'll appeal but has slow-walked that appeal, which has further implications for the stay they requested.

So underneath the long-unresolved tragedy, trauma and pain of Eric Garner's family is a frustratingly procedural hearing today ultimately involving a discrete issue.

Can the city delay discovery by obtaining a stay that will keep the case on ice during the appeal?

We will find out the answer in the coming weeks.

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