Stachurska v. SSA 48th Str.
- Laura Swain
- 1:25-cv-02214
- U.S. District Court · Southern District of New York
- 3
In Stachurska v. SSA 48th Str., Judge Swain denied the requests for an emergency hearing and appointed counsel without prejudice.
Lucja Stachurska, who represented herself, was denied an emergency hearing and a request for volunteer counsel, with both motions left open to possible renewal. The order also denied permission to appeal without paying filing fees.
What happened
In Stachurska v. SSA 48th Str., Lucja Stachurska, representing herself and without funds to pay court fees, asked for an emergency hearing and for the court to request a volunteer lawyer. The complaint appeared to seek information about social security benefits, but the court said it did not provide enough information to show that federal-court relief was available.
The court denied the emergency-hearing request because the filings did not show a likely chance of success, or serious enough legal questions combined with hardships favoring emergency relief. The court also said that although the claims did not appear to state a valid legal claim, the case was still too early for that conclusion, so the request for counsel could be renewed later.
Judge Laura Taylor Swain denied both motions without prejudice, meaning the requests may be renewed later. She also directed the clerk to terminate the motions and denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Stachurska v. SSA 48th Str. · No. 1:25-cv-02214
- Laura Swain
- May 12, 2025
Background
Lucja Stachurska, proceeding without a lawyer and without paying filing fees, filed two requests: a motion for an “emergency hearing” and an application asking the court to request the appointment of volunteer counsel. The opinion states that the complaint suggested Stachurska may be seeking information about social security benefits, but it did not provide enough information to suggest an entitlement to relief in federal court.
Emergency Hearing
The court treated the requested emergency hearing as a request for preliminary relief. To obtain that type of relief, a party must show likely irreparable harm and either a likelihood of success on the merits or sufficiently serious legal questions combined with a hardship balance strongly favoring the party. The court found that Stachurska’s submissions did not demonstrate either a likelihood of success or sufficiently serious questions and a favorable hardship balance. It therefore denied the emergency-hearing request. The court stated that it would issue an explanatory order later.
Volunteer Counsel
The court considered the factors relevant to appointing counsel for a person unable to afford a lawyer, including the apparent merits, efforts to obtain a lawyer, and the person’s ability to gather facts and present the case without assistance. The court stated that the claims did not appear to state a claim, but that the proceedings were too early for the court to reach that conclusion. It denied the application for appointment of volunteer counsel without prejudice to renewal later.
Disposition
Judge Laura Taylor Swain denied both the emergency-hearing motion and the application for appointment of volunteer counsel without prejudice. The clerk was directed to terminate both motions. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without paying filing fees.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.