Wynder, JR. v. Goltzer, Esq.
- Gregory Woods
- 1:24-cv-07925
- U.S. District Court · Southern District of New York
- 2
In Wynder v. Goltzer, Judge Woods ordered service on Goltzer’s estate, removed Criminal Justice Act, Inc., and denied appeal fee-waiver status.
Plaintiff Kenneth N. Wynder, Jr.; Ying Stafford; the Estate of George Goltzer; Criminal Justice Act, Inc.; the Marshals Service; and the Clerk of Court.
What happened
In Kenneth N. Wynder, Jr. v. George Goltzer, Esq., et al., the court addressed service of the lawsuit. Ying Stafford confirmed that she had received the summons, complaint, and an earlier court order, and provided an address where the Estate of George Goltzer could be served.
The court directed the Marshals Service to serve the estate at the address provided by Stafford, along with several specified court documents. The Clerk was also directed to mail the order to Plaintiff and Stafford and to remove Criminal Justice Act, Inc. from the list of active defendants because the court had previously dismissed the claims against it.
Judge Gregory H. Woods certified that an appeal from this order would not be taken in good faith and denied Plaintiff permission to appeal without paying the required fees. The order did not decide the underlying claims.
The detailed version
- Wynder, JR. v. Goltzer, Esq. · No. 1:24-cv-07925
- Gregory Woods
- May 19, 2025
Nature of the Order
This was an order concerning service of process—the formal delivery of the lawsuit and related documents to a defendant. It did not decide the merits of Plaintiff’s claims.
Service on Ying Stafford and the Estate
The court had previously directed the Marshals Service to attempt to serve Defendant Ying Stafford and to provide her with an order requiring her to give an address where the Estate of George Goltzer could be served. Stafford filed a letter confirming that she had received the summons and complaint and the earlier order. She also provided an address for service on the estate.
The court directed the Marshals Service to serve the Estate of George Goltzer through Theresa Peters at:
152 West 57th Street 8th Floor New York, New York 10019
The estate was to receive the operative complaint, the summons issued by the Clerk of Court, the court’s December 2, 2024 order, the court’s May 6, 2025 order requiring Plaintiff to explain why the action should not be dismissed, and the May 19, 2025 order.
Other Directions and Disposition
The Clerk of Court was directed to mail the order to Plaintiff and Ying Stafford. The Clerk was also directed to remove Criminal Justice Act, Inc. from the list of active defendants because the court had dismissed Plaintiff’s claims against that defendant in its December 2, 2024 order.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to appeal without paying the required fees. Judge Gregory H. Woods issued and signed the order. The opinion does not state a final disposition of the remaining claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.