Piccolo v. New York City Board of Elections

Background

Arthur Piccolo, who is representing himself, brought an action under 42 U.S.C. § 1983 seeking to enjoin, or prevent, the New York City Board of Elections from violating his federal constitutional rights. In an earlier order dated March 31, 2025, the court granted Piccolo permission to proceed without prepaying filing fees.

Service of Process

Because Piccolo was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendant. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for the Board of Elections, issue a summons, and deliver the summons and other necessary paperwork to the Marshals Service.

The court extended the service deadline to 90 days after the summons is issued because Piccolo could not have served the defendant before the court reviewed the complaint and ordered issuance of the summons. If service is not completed within that period, Piccolo should request an extension of time. The court also stated that Piccolo must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.

Disposition

The court entered an order of service. It directed the Clerk of Court to issue the summons, complete the service form with the Board of Elections’ address, and deliver the necessary documents to the U.S. Marshals Service. It also directed the Clerk to mail Piccolo an information package. The order did not decide whether Piccolo’s constitutional claims are valid. Judge Gregory H. Woods signed the order.