Gardner-Alfred v. Federal Reserve Bank of New York
- Lewis Liman
- 1:22-cv-01585
- U.S. District Court · Southern District of New York
- 5
In Gardner-Alfred v. Federal Reserve Bank of New York, Judge Liman rejected a fraudulent notice of appeal and ordered that it not be sent to the Second Circuit.
The order affects the attempted appeal and the court officers responsible for filing and transmitting the notice; it also concerns the parties in Gardner-Alfred v. Federal Reserve Bank of New York.
What happened
In Gardner-Alfred v. Federal Reserve Bank of New York, a notice of appeal was filed in the case and appeared to be signed by Daphne Ha. The Appeals Coordinator contacted Ha, who said she had not filed the notice.
The court determined that the notice was fraudulent. It directed the Appeals Coordinator and Clerk of Court to place the notice on the case record, but not to transmit it to the Second Circuit.
Judge Liman therefore rejected the notice of appeal. The order did not decide the parties’ underlying dispute.
The detailed version
- Gardner-Alfred v. Federal Reserve Bank of New York · No. 1:22-cv-01585
- Lewis Liman
- May 15, 2023
Background
The Appeals Coordinator received a notice of appeal in the case. The notice purported to be signed by Daphne Ha. After contacting Ha, the Appeals Coordinator reported that Ha said she had not filed the notice.
Court’s action
The court stated that the notice of appeal was fraudulent. It directed the Appeals Coordinator and the Clerk of Court to file the notice on the record in the case. The court rejected the notice, however, and ordered that it not be transmitted to the United States Court of Appeals for the Second Circuit.
Effect of the order
This order addressed the validity and handling of the attempted notice of appeal. It did not decide the underlying claims between Lori Gardner-Alfred, Jeanette Diaz, and the Federal Reserve Bank of New York.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.