DiBenedetto v. Coley

Background

Vincent DiBenedetto filed this action on July 11, 2022. The case was reassigned to Judge Philip M. Halpern on December 9, 2022. On December 12, 2022, the court directed service of the lawsuit on Maurice Coley.

DiBenedetto later filed an affidavit reporting that service had failed because Coley had been retired since December 2020. DiBenedetto’s deadline to serve the summons and complaint expired on March 12, 2023. On March 9, 2023, he asked to extend that deadline to June 12, 2023.

Court’s Action

The court explained that a person representing himself without a lawyer is entitled to assistance from the district court in identifying a defendant. The complaint provided enough information for the New York State Police to identify Maurice Coley, including his badge number. DiBenedetto alleges that Coley injured him during a traffic stop on August 15, 2018.

The court ordered the New York State Attorney General, as the attorney and agent for the New York State Police, to determine the address where Coley could be served. If Coley was a former employee or officer of the New York State Police, the Attorney General was ordered to provide the residential address where service could be made. The Attorney General was required to provide the information to DiBenedetto and the court within 30 days of the order.

The court extended DiBenedetto’s time to serve Coley to June 12, 2023. It stated that, if service had not occurred by that date, DiBenedetto should request another extension. The Clerk of Court was directed to mail the order and complaint to the New York State Attorney General and to mail the order to DiBenedetto.

Result and Significance

This was a procedural order concerning identifying and serving the defendant. The court did not decide the merits of DiBenedetto’s allegations or determine whether Coley was liable.