Rompalli v. 63 West LLC

Background

Murty Rompalli brought this civil action without a lawyer against 63 West LLC and Real New York LLC. To begin a civil action in the court, a plaintiff must either pay $402 in fees or submit a completed and signed application to proceed without paying fees upfront, commonly called an IFP application.

Rompalli submitted an IFP application. The court said the application did not establish that he was unable to pay. He stated that he was employed and earned $7,000 per month, had $25,000 in an account, had monthly expenses of $2,500, and owed New York State $50,000. The court also identified unanswered or unclear questions about other possible sources of funds and financial obligations involving dependents.

Order

The court ordered Rompalli, within 30 days of the order, either to pay the $402 in fees or to complete, sign, and submit an amended IFP application. The amended application had to address the financial deficiencies identified by the court. If the court granted the amended application, Rompalli would be allowed to proceed without paying the fees upfront.

No summons would issue at that time. The court stated that, if Rompalli complied, the action would be processed under the Clerk’s Office procedures. If he failed to comply within the permitted time, the action would be dismissed. The court also certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.

Disposition

Judge Laura Taylor Swain did not decide the underlying claims against the defendants. She issued an order directing payment of fees or submission of an amended IFP application.