Aiello v. NYS Office of Mental Health

Background

Anna M. Aiello, proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. She alleges that her employer discriminated against her because of her religion. The defendants are identified as NYS Office of Mental Health and Pilgrim Psychiatric Center.

The court had previously granted Aiello permission to proceed without prepaying filing fees. This status is commonly called proceeding in forma pauperis. Because she was authorized to proceed this way, federal law and the Federal Rules of Civil Procedure allow her to rely on the court and the U.S. Marshals Service to serve the defendants.

Service Instructions

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, known as a USM-285 form, for the defendant; issue a summons; and provide the Marshals Service with the documents needed to complete service.

The court explained that the usual 90-day service period is extended in this situation because Aiello could not serve the summons and complaint before the court reviewed the complaint and ordered the summons issued. The complaint must be served within 90 days after the summons is issued. If service is not completed by then, Aiello should ask for an extension of time. The court also required her to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so.

Ruling

The court ordered the Clerk of Court to issue the summons, complete the USM-285 form with the listed address for NYS Office of Mental Health Pilgrim Psychiatric Center, and deliver the necessary documents to the U.S. Marshals Service. The Clerk was also ordered to mail Aiello an information package. This order addressed service of process only; the opinion does not decide whether Aiello’s discrimination claims have merit.