Greene v. New York State Department of Taxation and Finance
- Jesse Furman
- 1:22-cv-05261
- U.S. District Court · Southern District of New York
- 1
In Greene v. New York State Department of Taxation and Finance, Judge Furman granted defendants’ motions, declined amendment, and closed the case.
James A. Greene and defendants New York State Department of Taxation and Finance and Capital One, N.A.; the judgment also affects Greene’s ability to pursue an appeal without paying the filing fee.
What happened
In Greene v. New York State Department of Taxation and Finance, the court entered judgment for the reasons given in a memorandum opinion and order dated December 8, 2022. The judgment notes that Greene was representing himself.
The court granted the defendants’ motions and declined to give Greene permission to amend his filing. The judgment does not identify the motions’ specific arguments or explain the underlying claims.
Judge Furman’s court also certified that an appeal from the December 8 order would not be taken in good faith, denied Greene permission to proceed without paying the appeal filing fee, and closed the case.
The detailed version
- Greene v. New York State Department of Taxation and Finance · No. 1:22-cv-05261
- Jesse Furman
- Dec. 9, 2022
Ruling
The court entered judgment based on the reasons stated in its memorandum opinion and order dated December 8, 2022. The judgment states that, even giving Greene the special consideration owed to a person representing himself, the defendants’ motions were granted. It does not identify the motions or state the specific claims or grounds addressed in the missing memorandum opinion and order.
The court also declined to give Greene permission to amend his filing on its own initiative. It certified under 28 U.S.C. § 1915(a)(3) that an appeal from the memorandum opinion and order would not be taken in good faith. As a result, permission to appeal without paying the filing fee was denied, and the case was closed.
Effect
The judgment grants the defendants’ motions, declines to grant Greene leave to amend, denies permission to proceed without paying the appeal filing fee, and closes the case. The supplied opinion text does not state whether the case or any claims were dismissed with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.