Sun v. Saslovsky, Esq.
- Laura Swain
- 1:19-cv-10858
- U.S. District Court · Southern District of New York
- 2
In Sun v. Saslovsky, Judge Swain denied reconsideration and docket-correction motions, extended appeal time, and denied a stay as moot.
Yi Sun, whose docket-correction motion and reconsideration motion were denied, whose temporary-restraining-order request was denied as moot, and whose appeal deadline was extended to October 6, 2020.
What happened
In Sun v. Saslovsky, Yi Sun asked for more time to appeal, correction of alleged docket mistakes, reconsideration of the Court’s August 6 order, and a temporary restraining order to pause that order. The opinion does not describe the underlying dispute resolved by the August 6 order.
The court denied the request to correct the docket without prejudice because Sun did not identify any specific mistakes. It denied reconsideration because Sun offered no new factual or legal basis. The court also denied the request for a temporary restraining order as moot.
Judge Laura Taylor Swain extended Sun’s deadline to file a notice of appeal from the August 6 order to October 6, 2020. She also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without paying court fees.
The detailed version
- Sun v. Saslovsky, Esq. · No. 1:19-cv-10858
- Laura Swain
- Sept. 15, 2020
Motions Before the Court
The court reviewed Yi Sun’s motions for an extension of time to file a notice of appeal, correction of alleged mistakes in the public record, and a temporary restraining order and reconsideration of the court’s August 6, 2020 memorandum opinion and order. A temporary restraining order is a short-term request to prevent or require action while a dispute is pending.
Docket-Correction Motion
Sun’s motion quoted summary text from two docket entries but did not identify any specific errors. The court also found no errors. It therefore denied the motion without prejudice to a future application that clearly identifies the alleged mistakes.
Reconsideration and Temporary Restraining Order
The court noted that it had already denied Sun’s earlier motion for reconsideration on September 2, 2020. In the motion addressed here, Sun provided no new factual or legal basis supporting reconsideration. The court therefore denied the reconsideration motion. It also denied as moot the request for a temporary restraining order staying the August 6 order while reconsideration was pending.
Extension of Appeal Deadline
Under Federal Rule of Appellate Procedure 4(a)(5)(A)(i), the court may extend the time to file a notice of appeal when the request is made within the permitted period. Because Sun filed the request within 60 days of the August 6 order, the court extended the deadline to file a notice of appeal from that order to October 6, 2020.
Appeal-Fee Determination and Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied permission to appeal without paying court fees. The order states that it resolves docket entries 52, 53, and 54. Judge Laura Taylor Swain signed the order on September 15, 2020.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.