Alhalemi v. City University of New York
- Lorna Schofield
- 1:24-cv-06975
- U.S. District Court · Southern District of New York
- 3
In Alhalemi v. City University of New York, Magistrate Judge Tarnofsky extended service and directed service on New York’s Attorney General.
Bashir Alhalemi, City University of New York, the Office of the New York Attorney General, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Alhalemi v. City University of New York, Bashir Alhalemi sued CUNY under disability-related federal laws and state law. He was representing himself and had permission to proceed without paying filing fees in advance.
The U.S. Marshals Service served CUNY, but CUNY said the Office of the New York Attorney General had not been properly served. Alhalemi said he did not know that additional service was required and had relied on the Marshals Service.
The court found good cause to extend the service deadline until April 15, 2025. Magistrate Judge Robyn F. Tarnofsky directed the Clerk to provide the documents needed for the Marshals Service to serve the Attorney General and to file proof of service.
The detailed version
- Alhalemi v. City University of New York · No. 1:24-cv-06975
- Lorna Schofield
- Jan. 28, 2025
Background
Bashir Alhalemi, who was representing himself, brought this action against City University of New York under the Americans with Disabilities Act, the Rehabilitation Act, and state law. The court had granted him permission to proceed without paying filing fees in advance. In such cases, the court and the U.S. Marshals Service can assist with serving the defendant.
Judge Lorna G. Schofield previously directed the Marshals Service to serve CUNY. The Marshals Service mailed the summons and complaint to CUNY on October 18, 2024, and personally served CUNY on January 17, 2025. CUNY stated that service had not also been properly made on the Office of the New York Attorney General as required by New York Civil Practice Law and Rules section 307.
Service Extension and Order
Alhalemi asked for more time to complete service, explaining that he did not know he was required to serve the Attorney General and had relied on the Marshals Service. The court found that explanation showed good cause and had already granted, retroactively, an extension until April 15, 2025.
The order directs the Clerk of Court to complete the Marshals Service process form and provide the documents needed to serve the Attorney General with the summons and complaint. After service is completed, the Clerk must file proof of service on the docket by April 15, 2025. The order addresses service only; it does not decide the merits of Alhalemi’s disability or state-law claims. Magistrate Judge Robyn F. Tarnofsky signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.