Hirsch v. Kairy

MEMORANDUM & ORDER Elliot Hirsch, proceeding pro se and in forma pauperis, brings this action against his estranged wife. As with numerous federal actions Hirsch has filed, his claims relate to his and Elizabeth Kairey’s divorce proceeding and other actions in New York State Supreme Court, Kings County. Hirsch has asserted only one cause of action here: a claim under the Federal Arbitration Act. He seeks a number of remedies, however: first and foremost, an order compelling Kairey to arbitrate all matters relating to their divorce before a Jewish rabbinical court. Alternatively, he requests that this Court adjudicate custody, alimony, and child support issues ancillary to the divorce. He also asks that this Court compel his wife to dismiss the Kings County action and to enjoin her from commencing any further proceedings in any court outside of the state of New Jersey.¹ Because this Court has no jurisdiction to compel arbitration, to adjudicate the underlying issues itself, or to issue the requested injunction, I dismiss the complaint with prejudice pursuant to 28 U.S.C. §1915. I. Background The following allegations are drawn from Plaintiff’s complaint, unless otherwise noted, and are presumed to be true for purposes of this order.² Hirsch alleges that Ms. Kairey “fled” to Brooklyn with their minor child in May 2017. Compl. 1, ECF No. 1. She filed for divorce in Kings County Supreme Court on September 1, 2017. Id. 6. Hirsch then instituted divorce proceedings in a Jewish rabbinical court, or Beth Din. Id.

7-8. Eventually, Kairey agreed to meet with the Beth Din, and the parties signed what Hirsch contends is a “binding arbitration” agreement. Id. 9. Hirsch attaches to the complaint an executed copy of this “Agreement to submit to Arbitration,” dated November 30, 2017, which provides for arbitration of “all the controversies” between him and Kairey, including “all matters of divorce.” ECF No. 1-1 at 20. The Beth Din, Hirsch alleges, entertained several proceedings and “issued numerous interim awards” between December 2018 and October 2022,” although it never issued a “final award” or “judgement.” Id.