Cook v. Sullivan County Family Court of New York State Unified Court System
- Philip Halpern
- 7:24-cv-03874
- U.S. District Court · Southern District of New York
- 2
In Cook v. Sullivan County Family Court, Judge Swain ordered Cook to pay fees or submit an IFP application before the case could proceed.
Elizabeth Cook, whose case could not proceed until she paid the required fees or submitted a completed and signed application to proceed without prepaying them.
What happened
In Cook v. Sullivan County Family Court of New York State Unified Court System, Elizabeth Cook submitted a civil action by email. The court required her to either pay $405 in fees or submit a signed application to proceed without paying the fees upfront.
Cook had 30 days from May 21, 2024, to comply or request more time. The court said it would take no further action and issue no summons until it received payment or a completed application. If Cook did not comply, the action would be dismissed without prejudice to refiling.
Chief Judge Laura Taylor Swain issued the order. She also certified that an appeal would not be taken in good faith and denied permission to appeal without paying the fees.
The detailed version
- Cook v. Sullivan County Family Court of New York State Unified Court System · No. 7:24-cv-03874
- Philip Halpern
- May 21, 2024
What the order required
Elizabeth Cook submitted this civil action to the court by email. The court directed Cook, within 30 days, to do one of two things:
1. Pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee; or 2. If unable to pay, complete, sign, and submit an application to proceed without prepaying the fees.
The order stated that no further action would be taken and no summons would issue until the fees were paid or a completed and signed application was received. If the application were granted, Cook could proceed without prepaying the fees.
Possible dismissal
The court stated that if Cook failed to comply within the 30-day period, and did not request an extension of time, the action would be dismissed without prejudice to refiling. The opinion did not decide the underlying claims against the Sullivan County Family Court of New York State Unified Court System or the other defendants.
Appeal-fee ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to appeal without prepaying the appellate fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.