Brennan v. Hoehmann
- Vincent Briccetti
- 7:19-cv-11115
- U.S. District Court · Southern District of New York
- 1
In Brennan v. Hoehmann, Judge Briccetti granted defendants’ motion to dismiss, denied fee-free appeal status, and closed the case.
Matthew I. Brennan and the defendants—the Town of Clarkstown, George Hoehmann, Frank Borelli, Leslie Kahn, Kevin Hobbs, and Raymond L. Francis—were affected by the dismissal and case closure; Brennan was also denied fee-free status for an appeal.
What happened
Brennan v. Hoehmann involved Matthew I. Brennan’s case against the Town of Clarkstown and five other defendants. The supplied judgment does not describe the underlying claims or facts.
The judgment says the defendants moved to dismiss and refers to a separate opinion and order dated July 27, 2020 for the reasons supporting the ruling. Those reasons are not included in the supplied text.
Judge Vincent Briccetti’s court granted the motion to dismiss, certified that an appeal would not be taken in good faith, denied fee-free status for an appeal, and closed the case. The judgment does not state whether the dismissal was with or without prejudice.
The detailed version
- Brennan v. Hoehmann · No. 7:19-cv-11115
- Vincent Briccetti
- July 28, 2020
Background
The judgment identifies Matthew I. Brennan as the plaintiff and names these defendants: the Town of Clarkstown; Clarkstown Supervisor George Hoehmann; Clarkstown Councilman Frank Borelli; Clarkstown Building Code Task Force Attorney Leslie Kahn; Clarkstown Zoning Board of Appeals Chairman Kevin Hobbs; and Clarkstown Code Enforcement Officer Raymond L. Francis. The supplied text does not explain the claims, events, or legal arguments.
Rulings
The judgment states that, for the reasons given in the court’s opinion and order dated July 27, 2020, the defendants’ motion to dismiss was granted. The judgment itself does not identify the legal grounds for dismissal or state whether the dismissal was with or without prejudice.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied the plaintiff fee-free status for purposes of an appeal. The judgment states that the case was closed.
Classification
This is a procedural order because it grants a motion to dismiss, and the supplied judgment does not show that the court reached the merits of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.