Tuohy v. New York State Dept. of Taxation and Finance
- Kenneth Karas
- 7:24-cv-10070
- U.S. District Court · Southern District of New York
- 2
In Tuohy v. New York State Department of Taxation and Finance, Judge Karas ordered the clerk to issue a summons and directed the plaintiffs to serve it within 90 days.
Sylvester L. Tuohy and Yongjie Tuohy must serve the summons and complaint on the New York State Department of Taxation and Finance within 90 days after the summons is issued or request an extension.
What happened
In Tuohy v. New York State Department of Taxation and Finance, Sylvester L. Tuohy and Yongjie Tuohy filed a case against the New York State Department of Taxation and Finance. The plaintiffs paid the filing fees and are representing themselves without lawyers.
The court directed the Clerk of Court to issue a summons for the Department. The plaintiffs must serve the summons and their complaint within 90 days after the summons is issued, or request more time.
Judge Kenneth M. Karas explained that the court may dismiss the case for failure to prosecute if the plaintiffs do neither. The order does not decide the underlying claims, and it also says the plaintiffs may request to receive court documents by email.
The detailed version
- Tuohy v. New York State Dept. of Taxation and Finance · No. 7:24-cv-10070
- Kenneth Karas
- Feb. 3, 2025
Background
Sylvester L. Tuohy and Yongjie Tuohy sued the New York State Department of Taxation and Finance. They paid the filing fees and are proceeding pro se, meaning they are representing themselves without lawyers.
Order of Service
The court directed the Clerk of Court to issue a summons to the Department. The plaintiffs must serve the summons and their complaint, identified as Docket Number 1, within 90 days after the summons is issued. The court extended the service period from the date the summons is issued because the summons was not issued when the complaint was filed.
If the plaintiffs do not serve the Department or request an extension within that 90-day period, the court may dismiss the claims under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute, meaning failure to move the case forward.
Other Information
The plaintiffs may request to receive court documents by email by completing the court's consent form. If they consent, they will no longer receive court documents by regular mail. The order does not address the merits of the plaintiffs' claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.