Summary
This Appellate Division, Third Department opinion affirms the Supreme Court's dismissal of a pro se plaintiff's amended complaint against numerous defendants, including the Governor of New York. The lower court dismissed the action due to the plaintiff's failure to obtain required leave to sue under a prior filing bar, defective service of process, and failure to state a cause of action. On appeal, the plaintiff failed to adequately address these dispositive procedural grounds, leading the appellate court to affirm the dismissal without costs.
Topics
Practice areas
Questions Presented
- Whether the appellate division should set aside the lower court's dismissal of the amended complaint and the filing bar imposed on the appellant.
Holdings
- The order dismissing the amended complaint and imposing the filing bar is affirmed.
Key quotations
“In light of this failure to challenge a holding dispositive as to all defendants, there is no basis for reversal before us (see Matter of Morris v New York State Police, 233 AD3d 1415, 1417 [3d Dept 2024]; Matter of Kurbatsky v International Conference of Funeral Serv. Examining Bds., 162 AD3d 1379, 1380 [3d Dept 2018]).” (*11)
Factual background
The appellant married her husband in 1979; he abandoned her while she was pregnant. She later filed immigration complaints, became homeless, and placed her children in foster care. After a divorce, she sought spousal and child support, which were denied. She subsequently filed a massive amended complaint alleging a conspiracy involving numerous defendants, but failed to obtain required permission and served the complaint improperly.
Procedural history
The Supreme Court in Albany County dismissed the amended complaint for lack of required permission and defective service, and barred the plaintiff from filing future actions without approval. The appellant appealed the dismissal and filing bar.