>> well, we did not request the appeal of the special lane closure because we were told by miss golsty and by the clerk here that they could not be appealed. >> i think that i have already answered that. >> why are you raising that right now today as part of a rehearing request. >> i am missing your argument. >> my argument is miss president that it was raised shorter, and haphazardly. >> how are you harmed? >> how about that? >> we are harmed because we believe that the mta permit has a higher standard. >> but you are not taking or requesting a jurisdiction request on that? >> no. not athis time. >> you are harmed in what way with respect to this? >> well, if these folks are allowed to proceed with the work along brotherhood way, we would hope that they would hold to a higher level of safety. >> okay. >> and that we don't believe that they are really committed to that from what we have observed in our community. >> i heard those arguments i am just trying to understand why the special lane closure permit itself is problematic for purposes of the rehearing request. >> okay. >> to the p