Buxbaum v. Rosano
- Laura Swain
- 1:25-cv-00606
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Rosano, Judge Swain dismissed the action and denied appeal fee-waiver status because any appeal would not be in good faith.
Michael Buxbaum’s action against Vincenzo Rosano was dismissed, and Buxbaum was denied fee-waiver status for purposes of an appeal.
What happened
Buxbaum v. Rosano ended with the court dismissing the action brought by Michael Buxbaum against Vincenzo Rosano.
The judgment says the reasons for dismissal were stated in a March 5, 2025, order, but that order is not included in this opinion. The judgment itself does not explain the underlying claims or why the action was dismissed.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.
The detailed version
- Buxbaum v. Rosano · No. 1:25-cv-00606
- Laura Swain
- Mar. 6, 2025
Background
Michael Buxbaum brought this action against Vincenzo Rosano. The judgment states that the action was dismissed for the reasons given in the Court’s March 5, 2025, order. That earlier order is not included in the provided opinion, so the basis for dismissal and the claims involved cannot be determined from this text.
Ruling
The Court dismissed the action. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the judgment would not be taken in good faith. Based on that certification, the Court denied Buxbaum’s request to proceed without paying the required court fees for an appeal. The judgment does not state that the dismissal was with or without prejudice.
Effect
The action was terminated by the judgment. The denial of fee-waiver status applies to an appeal from the judgment. The provided text does not describe the merits of the underlying claims or address whether an appeal was filed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.