McKenzie v. NYC Dept. of Finance
- Laura Swain
- 1:25-cv-02906
- U.S. District Court · Southern District of New York
- 4
McKenzie v. NYC Dept of Finance: Judge Swain transferred the action to the Eastern District of New York because Queens was the proper and more convenient venue.
Kellyann McKenzie and the New York City Department of Finance; the case was moved from the Southern District of New York to the Eastern District of New York.
What happened
In McKenzie v. NYC Dept of Finance, Kellyann McKenzie, representing herself, claimed that the New York City Department of Finance violated her constitutional rights and federal racketeering law, and she sought damages. The opinion says she also appeared to assert state-law claims.
The court found that both the Southern and Eastern Districts of New York were proper venues, but that all alleged events occurred in Queens County, which is in the Eastern District. The court therefore determined that the Eastern District would be more convenient for the parties, witnesses, documents, and other evidence.
Judge Laura Taylor Swain directed the Clerk to transfer the action to the Eastern District of New York under the federal transfer statute. The court closed the action in the Southern District, stated that no summons would issue there, left any decision about proceeding without paying filing fees to the receiving court, and denied fee-free status for an appeal.
The detailed version
- McKenzie v. NYC Dept. of Finance · No. 1:25-cv-02906
- Laura Swain
- Apr. 16, 2025
Background
Kellyann McKenzie brought a self-represented action against the New York City Department of Finance. The court understood the complaint to assert claims under 42 U.S.C. § 1983, a federal law allowing certain claims against state or local officials for violations of constitutional rights; the Racketeer Influenced and Corrupt Organizations Act, or RICO; and state law. McKenzie sought damages.
Venue analysis
The court explained that federal law generally permits a civil action to be filed where a defendant resides or where a substantial part of the events occurred. It also noted that RICO’s civil-enforcement provision allows suit in a district where the defendant resides, is found, has an agent, or conducts business.
The court determined that the Department of Finance, as an agency of the City of New York, was subject to suit in both the Southern District of New York and the Eastern District of New York. The court also found that McKenzie alleged that the events underlying her claims occurred in St. Albans, in Queens County. Because Queens County is in the Eastern District, that district was a proper venue for the § 1983, state-law, and RICO claims.
Transfer ruling
Under 28 U.S.C. § 1404(a), a court may transfer a case to another proper federal district for the convenience of the parties and witnesses and in the interest of justice. The court concluded that transfer was appropriate because the alleged events occurred in Queens County and relevant documents and witnesses could reasonably be expected to be there. It therefore directed the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York.
The court stated that the receiving court would decide whether McKenzie could continue without prepaying filing fees. It also ordered that no summons issue from the Southern District and that the action be closed there. Finally, the court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion did not decide whether McKenzie’s constitutional, RICO, or state-law claims had merit.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.