Villafane, Jr. v. City of New York
- Vyskocil
- 1:20-cv-07357
- U.S. District Court · Southern District of New York
- 2
In Villafane v. City of New York, Judge Vyskocil granted extra appeal time but denied fee-free appeal status because Villafane’s filing was late and incomplete.
Juan Villafane, Jr.’s appeal deadline was extended, but his request to proceed without paying appeal fees was denied. The order also directed the Clerk of Court to terminate docket entries 82 and 83.
What happened
In Villafane, Jr. v. City of New York, Juan Villafane, Jr. asked for more time to file an appeal and asked to appeal without paying court fees. The court had previously denied his request for summary judgment and granted the defendant’s request for summary judgment.
Villafane filed his notice of appeal 31 days after the judgment, one day beyond the usual 30-day deadline. He said that illness, pain, and frequent falls prevented him from filing on time. He also filed a request to proceed without paying appeal fees, but the court could not read his handwritten description of the issues he planned to raise.
Judge Mary Kay Vyskocil granted the motion for an extension of time to file the notice of appeal and denied the motion to proceed without paying fees on appeal. The court directed the Clerk of Court to terminate the two related docket entries.
The detailed version
- Villafane, Jr. v. City of New York · No. 1:20-cv-07357
- Vyskocil
- May 9, 2023
Background
On March 27, 2023, the Court denied Juan Villafane, Jr.’s motion for summary judgment and granted the defendant’s cross-motion for summary judgment. On April 27, 2023, Villafane, proceeding without a lawyer for these filings, submitted three items: a motion to extend the time to file a notice of appeal, a motion for permission to proceed without paying appeal fees, and a notice of appeal. The opinion states that Villafane had previously been represented by counsel and that counsel had not moved to withdraw.
Extension of Time
Federal Rule of Appellate Procedure 4 generally requires a notice of appeal to be filed within 30 days after the judgment or order being appealed. The rule also allows the district court to extend that deadline when the motion is filed within the additional period allowed by the rule and the party shows excusable neglect or good cause.
Villafane filed his notice of appeal 31 days after entry of the judgment, making it one day late. He explained that he was sick, experienced substantial pain, and fell frequently. Considering Villafane’s lack of a lawyer for these filings, his apparent illnesses, and the one-day delay, the Court GRANTED the motion for an extension of time to file the notice of appeal.
Permission to Proceed Without Paying Appeal Fees
A request to proceed without paying fees on appeal must include an affidavit showing that the party cannot pay the fees or provide security, claiming an entitlement to relief, and stating the issues the party intends to present on appeal. Villafane’s filing did not clearly state those appeal issues because his handwritten response was illegible and indecipherable to the Court. The Court therefore could not determine that the filing satisfied the rule.
Disposition
The motion for an extension of time to file a notice of appeal is GRANTED. The motion for leave to proceed without paying fees on appeal is DENIED. The Clerk of Court was requested to terminate docket entries 82 and 83. This order addressed the appeal deadline and fee-waiver request; it did not reconsider the earlier summary-judgment ruling.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.