102, 22 201 10950 - Kiryas Joel Village€¦ · ... denying Plaintiff-Appellant's Motion for in...

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500

MOTION INFORMATION STATEMENT

Docket Number(s): 14-93-cv Caption [use short title]

Motion for: Reconsideration Teitelbaum v. Katz

Set forth below precise, complete statement ofrelief sought:

Appellant moves for reconsideration of this Court's

April 3, 2014 decision to dismiss the appeal.

MOVlN~TY: Jacob Teitelbaum OPPOSING PARTY: Defendants Appellees UPlaintiff 8Defendant [l]AppellantlPetitioner Appellee/Respondent

MOVING ATTORNEY: Plaintiff Appellant Pro Se OPPOSING ATTORNEY: Juda Katz Pro Se [name ofattorney, with firm, address, phone number and e-mail]

Jacob Teitelbaum Juda Katz

cia Ben Friedman 5 Leipnik Way # 102, 22 Hayes Court, Unit 201 --------------------------------~------~---------------Monroe, New York, 10950 Tel. No. 845-782-7830 Monroe, New York, 10950

Court-Judge/Agency appealed from: Judge John M. Walker, Jr., Denny Chin, Christopher F. Droney, Court of Appeals for the Second Circuit

Please check appropriate boxes: FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL:

Has movant noti~opposing counsel (required by Local Rule 27.1): Has request for relief been made below? DYes DNo [l] YesUNo (explain): Has this relief been previously sought in this Court? DYes DNo4 --------------------------------

i Requested return date and explanation ofemergency:___________

Opposinp..!:;nmsel's position on motion: U unopposedGPposed [{Pon't Know

Does opposing counsel intend to file a response:

D Yes GoIZPon't Know

Is oral argument on motion requested? DYes [i] No (requests for oral argument will not necessarily be granted)

Has argument date ofappeal been set? DYes [i]No Ifyes, enter

Signature of Moving Attorney: M;, tt,r.......,/ Date: April 13, 2014 Service by: DCMJECF [i] Other [Attach proofof service]~~~l~~~--------~

Form T·1080 (rev. 12-13)

Case: 14-93 Document: 40 Page: 1 04/15/2014 1204169 12

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

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JACOB TEITELBAUM, individually and as father to

CHILD A and CHILD B, Docket No.: 14-93-cv

Plaintiff-Appellant,

NOTICE OF MOTION FOR -against- RECONSIDERATION

JUDA KATZ, ET AL., I I

I

Defendants-Appellees. I I I

, I

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Plaintiff-Appellant, JACOB TEITELBAUM, pro se, pursuant to Local Rule 27.1 and

Rule 27(b) of the Federal Rules of Appellate Procedure ("FRAP"), respectfully moves and

requests this Court upon the Declaration ofPlaintiff-Appellant dated April 13,2014

(a) to reconsider its April 3, 2014 order, dismissing Plaintiff-Appellant's Appeal for

not filing a timely Notice ofAppeal and denying Plaintiff-Appellant's Motion for

in forma pauperis status as moot,

(b) to admit Plaintiff-Appellant's Notice of Appeal, and

(c) to grant in forma pauperis status to Plaintiff-Appellant.

Under Rule 4(a)( 4)(A) ofFRAP, if a party files in the District Court, among others, a

motion "for relief under Rule 60" ofFederal Rules ofCivil Procedure ("FRCP"), and "if the

motion is filed no later than 28 days after the judgment is entered, the time to file an appeal runs

for all parties from the entry of the order disposing of the last such remaining motion".

1


.... -- ..

As explained in succeeding paragraphs, Plaintiff-Appellant's Notice of Appeal was

timely filed according to the FRAP and filing records.

The District Court for Southern District ofNew York (the "District Court"), presided by

Hon. Vincent L. Briccetti, Judge, filed and entered a judgment in action entitled Teitelbaum v.

Katz et aI12-CV-2858 on July 2,2013 ("Judge Briccetti's judgment").

Thereafter, Plaintiff-Appellant invoked the provisions ofRule 60 ofFRCP, and filed a

new complaint in the District Court as an independent action pursuant to Rule 60(d) ofFRCP on

or about July 30,2013; i.e., within 28 days of the entry of July 2,2013 judgment.

Plaintiff-Appellant's new complaint was dismissed by Chief United States District Judge,

Loretta A. Preska, in her judgment entered on October 2,2013 ("Judge Preska's judgment").

Plaintiff-Appellant then filed a motion for reconsideration ofJudge Preska's judgment

pursuant to Rules 50, 52, 59, and 60 ofFRCP and Local Rule 6.3 in the District Court on

October 30,2013; i.e., within 28 days of the entry ofJudge Preska's judgment.

Plaintiff-Appellant's motion for reconsideration ofJudge Preska's judgment was denied

by Chief United States District Judge, Loretta A. Preska, in her order issued on December 17,

2013, which order was entered on December 18, 2013.

Because both the new complaint brought by Plaintiff-Appellant and his motion for

reconsideration of Judge Preska's judgment were filed for relief, among others, under Rule 60 of

FRCP; the time to file Appeal, pursuant to Rule 4(a)(4)(A) ofFRAP, runs from entry of the order

disposing of the last motion; which, in the present case, was entered on December 18, 2013.

As such, Plaintiff-Appellant' s Notice of Appeal from Judge Briccetti' s judgment (entered

on July 2,2013) was timely filed on January 9, 2014 in keeping with the provisions ofRule

4(a)(4)(A) ofFRAP.

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WHEREFORE, PREMISES CONSIDERED, Plaintiff-Appellant respectfully requests

that an order be entered granting the aforementioned requests.

Dated this 13th day of April, 2014

Respectfully submitted,

Ja8lt)Teitelbaum, Plaintiff Pro Se c/o Ben Friedman 5 Leipnik Way, #102 Monroe, N.Y. 10950 845-782-7830

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JACOB TEITELBAUM, individually and as father to

CHILD A and CHILD B, Docket No.: 14-93-cv


DECLARATION IN -against- SUPPORT OFMOTION FOR

RECONSIDERATION JUDA KATZ, ET AL.,

Defendants-Appellees. , I

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I, JACOB TEITELBAUM, hereby declare pursuant to 28 USC § 1746 as follows:

1. I am Plaintiff-Appellant in the above-entitled action.

2. The District Court for Southern District ofNew York (the "District Court"),

presided by Hon. Vincent L. Briccetti, Judge, filed and entered a judgment (Teitelbaum V Katz

et aI12-CV-2858) on 07/02/2013 ("Judge Briccetti's judgment").

3. As Judge Briccetti's judgment was vitiated by fraud, in which Judge Briccetti

was himself involved, I filed a new complaint as an independent action pursuant to Rule 60( d) of

Federal Rules of Civil Procedure in the District Court on or about 07/30/2013; i.e., within 28

days of entry ofJudge Briccetti's judgment.

4. Along with my new complaint, I also filed a "Request to proceed informa

pauperis" in the District Court on 07/30/2013.

5. Both my new complaint and "Request to proceed in forma pauperis" were entered

on the docket ofthe case on 08/0112013.

4


6. My new complaint was dismissed by Chief United States District Judge, Loretta

A Preska in her judgment issued on 09/30/2013, which judgment was entered on 10102/2013

("Judge Presca's judgment").

7. I filed a motion for reconsideration ofJudge Presca's judgment pursuant to Rules

50, 52, 59, and 60 ofthe Federal Rules of Civil Procedure and Local Rule 6.3 of the District

Court, as well as a motion for recusal and/or disqualification along with my supporting affidavit,

in the District Court on 10130120l3; i.e., within 28 days ofthe entry ofJudge Presca's judgment.

8. My two aforesaid motions, which were entered on the docket ofthe case on

10/3112013, were denied by Chief United States District Judge, Loretta A Preska, in common

order issued by her on 12/17/2013, which order was entered on 1211812013 ("December 17

Order").

9. I filed Notice ofAppeal from Judge Briccetti's judgment in the United States

Court of Appeals for the Second Circuit on or about 01/09/2014, and said Notice of Appeal was

entered on 01/14/2014.

10. Along with Notice of Appeal, I also filed motion for leave to appeal informa

pauperis in the United States Court ofAppeals for the Second Circuit.

11. The United States Court of Appeals for the Second Circuit, in an order issued on

April 3, 2014, has sua sponte held that my Notice ofAppeal was untimely filed, and

consequently dismissed my Appeal for lack ofjurisdiction, and denied the motion for leave to

appeal in forma pauperis as moot.

12. As both the new complaint brought by me and my motion for reconsideration of

Judge Preska's judgment were filed for relief, among others, under Rule 60 ofFRCP~ the time to

5


file Appeal, pursuant to Rule 4(a)(4)(A) ofFRAP, runs from entry of the order disposing of the

last motion; which, in the present case, was entered on December 18, 2013.

13. As such, my Notice of Appeal from Judge Briccetti' s judgment (entered on July

2,2013) was timely filed on January 9,2014 in keeping with the provisions ofRule 4(a)(4)(A) of

FRAP.

14. For the foregoing reasons, Plaintiff-Appellant respectfully requests that: (a) the

Court reconsider its April 3, 2014 order; and (ii) the Court order that Plaintiff-Appellant's Notice

ofAppeal is admitted, and that Plaintiff-Appellant is granted informa pauperis status.

Dated this 13th day of April, 2014

Monroe, New York.

Jacob Teitelbaum, Plaintiff Pro Se clo Ben Friedman 5 Leipnik Way, #102 Monroe, N.Y. 10950 845-782-7830

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CAPTION:

JACOB TEITELBAUM___________ v. CERTIFICATE OF SERVICE

JUDA et al Docket Number: -.:..14.:--9:.::3...::.-cv~__

I, JACOB TEITELBAUM , hereby certify under penalty of perjury that on (name)

April 13, 2014 ,I served a copy of Form T-1080, NOTICE OF MOTION

(date)FOR RECONSIDERATION, and DECLARATION IN SUPPORT OF MOTION FOR RECONSIDERATION

(list all documents)

by (select all applicable)*

m United States Mail D Federal Express o Overnight Mail D Facsimile DE-mail o Hand delivery

on the following parties (complete all information and add additional pages as necessary):

Juda Katz, 22 Hayes Court, Unit 201 Monroe New York 10950

Name Address City State Zip Code

" Name Address City State Zip Code



April 13, 2014

Today's Date VSignature

*Ifdifferent methods ofservice have been used on different parties, please indicate on a separate page, the type ofservice used for each respective party.

Certificate of Service Form


•

Rebecca Baldwin Montello, Esq. One Corwin Court, P.O. Box 1479 Newburgh, New York, 12550 T - 845-565-1100 F - 845-565-1999 E-mail;[email protected]

Gregg D. Weinstock, Esq. 432 Park Avenue South, 9th Floor New York, NY, 10016 T 212-689-1113 F - 212-725-9630 Email;[email protected]

David Darwin, Esq. Orange County Dept. ofLaw. Municipal Law Division 15 Matthews Street, Suite 305 Goshen, New York, 10924 T - 845-291-3150 F - 845-291-3167 Email;[email protected]

Siler & Ingber LLP Jeffrey B. Siler Esq. Attorneys for defendant Kiryas Ioel Community Ambulance Corporation 1399 Franklin Avenue, Suite 103 Garden City, N.Y. 11530 T - 516-294-2666 F 516-294-0870 j [email protected]

Hannigan Law Firm PLLC Terence S. Hannigan Esq. 1881 Western Avenue, Suite 140 Albany, N.Y. 12203 T - 518-869-9911 F - 518-869-9915 terry@hannigan. pro

Patrick T. Burke, Esq. Burke, Miele & Golden, LLP 40 Mathews Street, Suite 209 P.O.B. 216 Goshen, New York, 10924 T - 845-294-4080 F - 845-294-7673


mailto:[email protected]

mailto:Email;[email protected]

mailto:Email;[email protected]

mailto:E-mail;[email protected]

JudaKatz, ChayaKatz 22 Hayes Court, Unit 201 Monroe, New York:, 10950

Joel Tennenbaum Bluma Tennenbaum 16 Lizensk Boulevard, Unit 102 Monroe, New York:, 10950

David Hollander 1 Chernobyl Court Unit 102 Monroe, New York:, 10950

Miriam Teitelbaum 20 Getzel Berger Boulevard, Unit 104 Monroe, New York:, 10950


PRIORITY® *MAIL*

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FLAT RATE ENVEf!OPUc t.,:lW.4~!i ·11: ONE R':\,TE * ANY WEIGHTJI ....:::J ,,,.:a.. 'JJI..IJl./l :;

APPLY PRIORITY MAIL P~~TAG~..DN'Jacob Teitelbaum Co Ben Friedman 5 Leipnik Way # 102 Monroe, New York 10950

e~PoST4LSERVICE<III

USPS TRACKING #

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91149011598180335113 14' RECEIPT

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~':~~;!;~~' ~""""1111 '"'' 1006 0007

UNITED STATES COURT of APPEALS for the SECOND CIRCUIT

Thurgood Marshall U.s. Courthouse 40 Foley Square

New York, New York 10007

U.S. POSTAGEPAID

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APR 13.' 1<1AMOUNT

$5.60 00016979-08

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S.D.N.Y.–W.P.12-cv-2858Briccetti, J.

United States Court of AppealsFOR THE

SECOND CIRCUIT

At a stated term of the United States Court of Appeals for the SecondCircuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square,in the City of New York, on the 3rd day of April, two thousand fourteen.

Present:John M. Walker, Jr.,Denny Chin,Christopher F. Droney,

Circuit Judges.

Jacob Teitelbaum, individually and as father to Child A and Child B,


v. 14-93

Juda Katz, et al.,

Defendants-Appellees.

Appellant, pro se, moves for in forma pauperis status. However, this Court has determined suasponte that the notice of appeal was untimely filed. Upon due consideration, it is hereby ORDEREDthat the appeal is DISMISSED for lack of jurisdiction. See Fed. R. App. P. 4(a)(1); Bowles v.Russell, 551 U.S. 205, 214 (2007). It is further ORDERED that Appellant’s motion is DENIED asmoot.

FOR THE COURT:Catherine O’Hagan Wolfe, Clerk

SAO-IAD


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