Nelkenbaum v. State of New York
- Vincent Briccetti
- 7:19-cv-07953
- U.S. District Court · Southern District of New York
- 1
In Nelkenbaum v. Jordy, Judge Briccetti extended three defendants’ response deadline and denied fee-free appeal status.
The order directly affected Police Officer Jordy, Police Officer Chavalier, and Sergeant Schevering by extending their deadline to respond to the amended complaint. It also affected Yehuda Nelkenbaum because the case would proceed under the extended deadline and because the court denied permission to appeal without paying filing fees.
What happened
Nelkenbaum v. State of New York concerns defendants Police Officer Jordy, Police Officer Chavalier, and Sergeant Schevering, who had been served with the amended complaint and summons. Their response was due December 14, 2020.
Although a lawyer appeared for those defendants on December 9, they had not answered, filed a motion, or otherwise responded by the date of the order. The court therefore extended their deadline to respond to December 30, 2020.
Judge Vincent L. Briccetti also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without paying filing fees. The order did not decide the underlying claims.
The detailed version
- Nelkenbaum v. State of New York · No. 7:19-cv-07953
- Vincent Briccetti
- Dec. 23, 2020
Background
The opinion’s caption identifies the plaintiff as Yehuda Nelkenbaum and the defendants as Police Officer Jordy, Police Officer Chavalier, Sergeant Schevering, John Doe defendants 1–10, and Jane Doe defendants 1–10. The supplied case name refers to the State of New York, but the opinion’s caption does not list the State as a defendant.
Police Officer Jordy and Police Officer Chavalier were served with the amended complaint and summons on November 23, 2020. Their response was due December 14, 2020. Counsel appeared on December 9 for Jordy, Chavalier, and Schevering, but those defendants had not answered, filed a motion, or otherwise responded by the time of the order.
Order
The court extended the time for Jordy, Chavalier, and Schevering to answer, move, or otherwise respond to the complaint until December 30, 2020. The order did not rule on the merits of Nelkenbaum’s claims.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying filing fees. The order also directed chambers to mail a copy to the plaintiff at the address on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.