Sabeniano v. Citibank, N.A. New York
- Alison Nathan
- 1:16-cv-01723-AJN
- U.S. District Court · Southern District of New York
- 2
In Sabeniano v. Citibank, Judge Nathan denied treating the son’s signature as Plaintiff’s notice of appeal but allowed a corrected filing.
Modesta R. Sabeniano and her son, who attempted to file a notice of appeal on her behalf.
What happened
Sabeniano v. Citibank, N.A. New York concerns an attempted notice of appeal filed for pro se Plaintiff Modesta R. Sabeniano by her son. The filing was signed by the son rather than by Sabeniano herself.
The document was first filed as a notice of appeal and then re-docketed as a motion for permission to appeal. The court explained that a person representing herself in court cannot be represented by another nonlawyer.
Judge Alison J. Nathan denied the motion to treat the son’s signed letter as an effective notice of appeal. The court said Sabeniano may submit a corrected notice of appeal signed by her herself, and resolved Docket No. 83.
The detailed version
- Sabeniano v. Citibank, N.A. New York · No. 1:16-cv-01723-AJN
- Alison Nathan
- Sept. 17, 2020
Background
Modesta R. Sabeniano was proceeding without a lawyer. On September 14, 2020, her son attempted to file a notice of appeal on her behalf. Because the document was signed by her son rather than by Sabeniano, it was re-docketed on September 16 as a motion for permission to appeal.
Court’s analysis
The court relied on the rule that an individual may conduct her own case personally or through a lawyer, but may not appear in court through another person who is not an attorney. The court stated that neither the district court nor the Court of Appeals could accept a notice of appeal signed by Sabeniano’s son on her behalf.
Ruling
To the extent Docket No. 83 sought to have the son’s signed letter treated as an effective notice of appeal signed by Sabeniano, Judge Nathan denied that motion. The court also explained that a notice of appeal generally must be filed within 30 days after the order being appealed, while the applicable federal rule allows the district court to extend the filing time. The court said Sabeniano may resubmit a corrected notice of appeal signed by herself and stated that this resolved Docket No. 83.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.