Peale v. New York State

Background

The opinion concerns a request to substitute a new government official as the defendant. The letter requesting substitution states that the plaintiff initially named the State of New York as the only defendant, but that the court had dismissed the complaint and substituted then-Acting Superintendent Steven A. Nigrelli as the defendant. The letter further states that Peale appeared to be suing Nigrelli only in his official capacity.

Nigrelli resigned from government service effective October 6, 2023. The State’s attorney therefore asked the court to substitute Acting Superintendent Dominick L. Chiumento for Nigrelli under Federal Rule of Civil Procedure 25(d), which governs substitution when a public officer sued in an official capacity leaves office. The request also asked that the substitution not affect any defenses Chiumento might assert.

Ruling

For the reasons stated in the court’s November 15, 2023 memorandum endorsement, Judge Kenneth M. Karas granted the request. The court held that Chiumento was automatically substituted for Nigrelli as the defendant under Rule 25(d). The clerk was directed to update the docket, terminate the pending motion identified as Docket Number 13, and mail a copy of the document to Peale.

Effect of the Order

This was a procedural order changing the named defendant; the text does not decide the underlying claims. It identifies Peale as proceeding without a lawyer and states that Chiumento replaced Nigrelli in the action.