X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER On March 23, 2022, Plaintiff Kevin James Walker, proceeding pro se, filed this action against Justice Joseph C. Pastoressa, Daniel McCarthy, Michael Broxmeyer and the Plymouth Village Board of Managers/Fairfield Properties (the “Defendants”). See ECF No. 1. Pursuant to the Court’s inherent authority to dismiss claims that are frivolous or inadequately pled, the Court dismisses the complaint. Plaintiff’s claims against Justice Pastoressa are dismissed with prejudice, as are his claims to enforce certain federal criminal statutes and any claims to set aside the foreclosure judgment in Suffolk County Supreme Court related to Plaintiff’s apartment. As set forth in more detail below, Plaintiff may file an amended complaint on or before September 28, 2022, asserting his remaining claims in either this Court or the United States Bankruptcy Court for the Eastern District of New York, depending on the nature of those restated claims. BACKGROUND Plaintiff’s complaint contains the following statement of his claims: January 2018 I filed Chapter 7 Bankruptcy in Eastern District Federal Court. Plymouth Village Board Managers/Fairfield Property was under the Chapter 7 debt was discharged 4-18-2018 $81,000. They have been since 2019 sending threatening letters to foreclose. There is a sale date of 4-15-2022 Islip town Hall. ECF No. 1 at 4. Plaintiff does not describe the relief he seeks. Id. He does, however, identify the following statutes as providing the basis for the Court’s purported jurisdiction: 18 U.S.C. §§241, 242, 876, 1341, 1343, and 11 U.S.C. §524. Id. at 3. Plaintiff’s complaint attaches various other documents, including documents relating to a lawsuit commenced against him in the Supreme Court of the State of New York, Suffolk County, and a bankruptcy proceeding that Plaintiff commenced in the United States Bankruptcy Court for the Eastern District of New York. ECF No. 1 at 6-21; see also Bd. of Mgrs. of Plymouth Vill. Condo., No. 613521/2017 (Sup. Ct. Suffolk Cnty. filed July 19, 2017); In re Walker, No. 18-70377 (Bankr. E.D.N.Y. filed Jan. 17, 2018). Plaintiff’s complaint does not explain why he included filings from these separate proceedings. However, the Court takes judicial notice, based on its review of the publicly-available dockets for those proceedings, that the Board of Managers of Plymouth Village Condominium (the “Board of Managers”) commenced a lawsuit against Plaintiff on July 19, 2017, seeking a judgment of foreclosure and sale related to the apartment that Plaintiff has identified as his current address due to Plaintiff’s alleged non-payment of a debt of more than $78,000.1 See Plymouth Vill. Condo., No. 613521/2017, NYSCEF No. 1

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›

Seeking a compassionate and experienced estate administration attorney for growing boutique estate planning and elder law practice. Huge eq...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›