Bernard v. Care Design N.Y.

Background

Luc Robert Bernard brought the action representing himself and submitted an application to proceed without paying the filing fees upfront. The application stated that he was unemployed but had earned a $58,000 annual salary before August 30, 2019. He also indicated income from a business, profession, or other self-employment and wrote that his wife had a full-time job and paid the full rent.

Bernard answered “yes” when asked about assets such as automobiles, real estate, stocks, or bonds. He reported $9,908.56 plus 1,124.36 in a checking account and an unknown amount in a savings account. He stated that he had no children and provided no financial support to his wife. He did not answer the questions about monthly expenses, debts, or other financial obligations.

Ruling

The court stated that the information provided did not establish that Bernard was unable to pay the required fees, so it could not grant his request to proceed without prepaying fees at that time. The court ordered him, within 30 days of the order, either to pay $400 in filing and administrative fees or submit a complete amended application fully disclosing his financial status. The amended application had to answer all questions, including those about assets, monthly expenses, debts, and other financial obligations.

If the court granted the amended application, Bernard would be allowed to proceed without paying the fees upfront. The clerk was directed to mail the order to Bernard and record service on the docket. No summons would issue at that time. The court stated that it would process the case if Bernard complied and would dismiss the action if he failed to comply within the allowed period.

Appeal and Classification

The court certified that any appeal from this order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Judge Colleen McMahon’s order addressed the required fees and the adequacy of the fee-waiver application; it did not decide the underlying claims against Care Design N.Y. or CEO Jim Moran. This is a procedural order concerning permission to proceed without prepaying fees.