Weinstein v. Miller et al
Consolidated
Lead case: 7:21-cv-01996
Lead case: 7:21-cv-01996
| New York Southern District Court | |
| Judge: | Cathy Seibel |
| Case #: | 7:21-cv-04543 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331vc Fed. Question: Violation of Constitutional Rights |
| Case Filed: | May 19, 2021 |
| Terminated: | Jul 15, 2021 |
| Last checked: Monday Nov 15, 2021 4:10 AM EST |
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Defendant
Aprilanne Agostino
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Defendant
Joseph Castellano
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Defendant
Dina Kaplan
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Defendant
Gloria Marchetti-Bruck
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Defendant
Judge Robert J. Miller
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Defendant
Jeannine Muratore
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Defendant
New York State Appeallate Court, Second Judicial Department
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Defendant
Wendy Stynes
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Defendant
Supreme Court of the State of New York, Westchester County
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Defendant
Brian Stryker Weinstein
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Plaintiff
Elizabeth Harding Weinstein
180 River Rd
Briarcliff Manor, NY 10510 |
| Docket last updated: 2 hours ago |
| Monday, November 01, 2021 | ||
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misc
Mail Order by USPS
Mon 11/01 9:31 AM
Mailed a copy of22 Order, to Kenneth L. Bunting 125 Dobbs Ferry Road, White Plains, NY 10607-2004. (dsh) |
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| Thursday, October 28, 2021 | ||
| 22 | 22
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order
Order
Thu 10/28 4:36 PM
ORDER: Based on the foregoing, and the full record in the respective cases, the Complaint in No. 21-CV-1996 is dismissed as withdrawn, and the Complaint in No. 21-CV-4543, previously dismissed without prejudice, is hereby dismissed with prejudice. The Clerk of Court is respectfully directed to: 1) docket this Order in both of the above cases; 2) revoke Plaintiff's electronic filing privileges in No. 21-CV-1996; 3) close No. 21-CV-1996; 4) send a copy of this Order to Mr. Bunting at the address on the attached; and 5) as long as the order appointing a Guardian of the Property for Plaintiff remains in effect, decline to accept for filing any documents from Plaintiff or from anyone acting on her behalf other than Mr. Bunting or a lawyer who has filed a notice of appearance. And as set forth herein. SO ORDERED. (Signed by Judge Cathy Seibel on 10/28/2021) (ama) Transmission to Docket Assistant Clerk for processing. Modified on 10/28/2021 (ama) |
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| Wednesday, October 20, 2021 | ||
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appeal
USCA Appeal Fees
Wed 10/20 12:34 PM
USCA Appeal Fees received $ 505.00 receipt number 465401287797 on 10/20/2021 re:15 Notice of Appeal filed by Elizabeth Harding Weinstein. [USCA Case No. 21-1818 . .(nd) |
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| Monday, October 18, 2021 | ||
| 21 | 21
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misc
Letter
Mon 10/18 4:52 PM
LETTER addressed to Judge Cathy Seibel (and Court Clerk Catarine O'Hagan Wolfe, USCA)from E. Harding Weinstein, dated 10/18/21 re: "PAYMENT MADE PROCESSING WILLFULLY DELAYED BY COURT; RETURN OF EARLIER PAYMENT" - I demand my payment be properly entered and appeal 21-1818 processed accordingly. I have continually been denied due process and access to he Court; my electronic filing privileges have been revoked in retaliation for exposing court corruption; and my payments for appeal have been tampered with in case 21-1818 etc. Also, I respectfully demand Ms. O'Hagan Wolfe provide proof of return mailing of the earlier payment, as no such mAil has been received sent by the Second Circuit Court of Appeals. Document filed by Elizabeth Harding Weinstein..(sc) |
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| 19 | 19
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misc
Letter
Mon 10/18 2:09 PM
LETTER addressed to Judge Cathy Seibel from E. Harding Weinstein, dated 10/18/21 re: "ORDER COLLUDING WITH DEFENDANTS" - I respectfully demand that you vacate your Orders issued on 10/15/21, allow me electronic filing in case 0454 to remove obstacle to justice as electronic filing is necessary in the closed case to the appeals process, and allow me immediate virtual access to the Court to have a preliminary conference on case 01996 on the well-founded claims of false arrest and false imprisonment by state actors Briarcliff Manor Police at the petition of employees of the Village of Briarcliff Manor, New York etc. Document filed by Elizabeth Harding Weinstein.(sc) (sc) |
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Att: 1
32 pgs
(10/18/2021) Exhibit
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order
Order on Motion for Conference Order on Motion to Compel Order on Motion for Oral Argument Order on Motion to Stay
Mon 10/18 3:03 PM
ORDER denying (64) Letter Motion to Stay, for Conference, to Compel and for Oral Argument: Applications denied. The Court will await a response from Plaintiff's appointed guardian. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:21-cv-01996-CS, 7:21-cv-04543-CS (Seibel, Cathy) |
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| Friday, October 15, 2021 | ||
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order
Order
Fri 10/15 11:23 AM
ORDER: IT IS HEREBY ORDERED that Kenneth L. Bunting, Esq., on Plaintiff's behalf, shall advise the Court no later than October 29, 2021, (1) whether he intends to pursue the claims in case number 21-CV-1996, and (2) whether he objects to dismissal of case number 21-CV-4543 with prejudice. The Court will serve this Order on Plaintiff via ECF and on Mr. Bunting via U.S. Mail and email. The Clerk is respectfully directed to docket this Order in both of the above-captioned cases. SO ORDERED. (Signed by Judge Cathy Seibel on 10/15/2021) (mml) |
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| Wednesday, October 06, 2021 | ||
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appeal
USCA Mandate
Wed 10/06 11:18 AM
MANDATE of USCA (Certified Copy) as to15 Notice of Appeal filed by Elizabeth Harding Weinstein. USCA Case Number 21-1818 Ordered that the appeal is DISMISSED for the failure to pay appeal filing fee.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/06/2021..(nd) |
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| Wednesday, September 15, 2021 | ||
| 16 | 16
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order
Order
Wed 09/15 6:57 PM
ORDER re: (15 in 7:21-cv-01996-CS) Order on Motion for Permission for Electronic Case Filing, (9 in 7:21-cv-04543-CS) Order on Motion for Permission for Electronic Case Filing. On August 18, 2021, Plaintiff docketed in No. 21 CV-1996 a notation that read, "Appeal Fee Payment: for 45 Notice of Appeal,. Filing fee $ 505.00." Docket Entry 45 is a Notice of Appeal for a different case, No. 21-CV-4543. That same Notice of Appeal is docketed as ECF No. 15 in No. 21-CV-4543. The August 18, 2021 entry in No. 21-CV-1996 is of no effect both because it does not reference any receipt showing that any payment was in fact made, and because there is no fee owing in that case. If, as it seems, Plaintiff meant to document the payment of the fee for her appeal in No. 21-CV-4543, she must make the payment and submit the receipt for docketing in that case. After she makes the payment, she may submit the receipt for docketing to Temporary_Pro_Se_Filings@nsyd.uscourts.gov. She should follow the instructions on the Court's website for temporary electronic pro se filing. Plaintiff may not file in No. 21-CV-1996 documents relating to No. 21-CV-4543. If she persists in doing so, her electronic filing privileges in No. 21-CV-1996 may be revoked. The Clerk of Court is respectfully directed to docket this Order in both of the above-captioned cases. SO ORDERED. (Signed by Judge Cathy Seibel on 9/15/2021) Filed In Associated Cases: 7:21-cv-01996-CS, 7:21-cv-04543-CS (kv) |
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| Wednesday, July 28, 2021 | ||
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appeal
Notice of Appeal
Wed 07/28 9:48 AM
NOTICE OF APPEAL from14 Order of Dismissal. Document filed by Elizabeth Harding Weinstein. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 07/28 9:49 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:15 Notice of Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Wed 07/28 9:49 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for15 Notice of Appeal filed by Elizabeth Harding Weinstein were transmitted to the U.S. Court of Appeals. (tp) Modified on 7/28/2021 (tp) |
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| Thursday, July 15, 2021 | ||
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order
Order of Dismissal
Fri 07/16 11:15 AM
ORDER OF DISMISSAL: The Court denies Plaintiff's requests for emergency injunctive relief (ECF 5, 6, 7, 10, 11, 12) under the Younger abstention doctrine. The Court dismisses Plaintiff's claims without prejudice on immunity grounds and as frivolous. The Court consolidates this case with No. 21-CV-1996 only for purposes of competency proceedings. Although Plaintiff paid the filing fees for this action, the Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Plaintiff has consented to receive electronic service of Court filings. (ECF 3.) SO ORDERED. (Signed by Judge Cathy Seibel on 7/15/2021) (mml) |
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utility
Case Consolidation - Member
Fri 07/16 11:18 AM
CONSOLIDATED MEMBER CASE: Create association to 7:21-cv-01996-CS. (mml) |
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| Monday, July 12, 2021 | ||
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misc
Letter
Tue 07/13 9:30 AM
LETTER addressed to Judge Cathy Seibel and Judge Laura Taylor Swain from E. Harding Weinstein, dated 7/12/21 re: "CASES NOT RELATED, MORE EVIDENCE OF COURT FRAUD" - These cases are not related and must be adjudicated separately. To consolidate these cases while simultaneously denying me access to the Court provides the outward appearance of impropriety, fraud, and collusion by two Judges etc.. Document filed by Elizabeth Harding Weinstein.(sc) |
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utility
Case Accepted as Related
Mon 07/12 2:15 PM
CASE ACCEPTED AS RELATED. Create association to 7:21-cv-01996-CS. Notice of Assignment to follow. (vba) |
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notice
Notice of Case Assignment/Reassignment
Mon 07/12 2:26 PM
NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
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utility
Case Designation
Mon 07/12 2:27 PM
Magistrate Judge Andrew E. Krause is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba) |
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| Wednesday, July 07, 2021 | ||
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misc
Letter
Mon 07/12 11:17 AM
LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 7/7/21 re: "DENIAL OF DUE PROCESS, DENIAL OF RIGHTS"- I have brought this case to highlight the issues of judicial fraud and crimes by the defendants to your attention. You have willfully denied me access to the courtroom without providing the findings of fact and conclusions of law in writing that legally support your actions. By denying me access to the Court, this Court is aiding and abetting with the child and adult trafficking etc. Document filed by Elizabeth Harding Weinstein.(sc) Modified on 7/12/2021 (mt). |
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| Thursday, July 01, 2021 | ||
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LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 7/1/21 re: "DENIAL OF DUE PROCESS, DENIAL OF RIGHTS" - It has been established by the Supreme Court of the United States that deprivation of a citizen's constitutional rights for thirteen days was too long for the Court to act(see Roman Catholic Diocese of Brooklyn v. Cuomo, Nov 2020, 20A87), and the Court affirmed that clearly citizens should not bear the risk of suffering further irreparable harm due to the Court's inaction. What findings of fact and conclusions of law supersede this lawful, just precedent and give this Court the right to deny me my rights since May? Document filed by Elizabeth Harding Weinstein.(sc)
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| Tuesday, June 29, 2021 | ||
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LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 6/29/21 re: "DENIAL OF DUE PROCESS, EMERGENCY INJUNCTIVE RELIEF"- Defendants Brian Stryker Weinstein and Dina Kaplan are nefariously working with state actors, Janet C. Malone, Susan Kettner, Charles Goldberger, and Anne Penachio to seek totalitarian dominion over every aspect of my life, causing me severe irreparable harm. Their proposed actions tomorrow, 6/30/21, require your immediate attention and emergency injunctive relief etc. Please immediately grant me virtual access to the Court, so that you may properly address the crimes and violations of our Constitutional rights which these state actors are committing against my children and me. Document filed by Elizabeth Harding Weinstein.(sc)
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| Monday, June 28, 2021 | ||
| Pro Se Payment of Fee Processed: Credit card processed by the Finance Department on 6/28/2021, Receipt Number 465407018560. (sj) | ||
| Tuesday, June 22, 2021 | ||
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ORDER denying2 Motion for Permission for Electronic Case Filing. On June 17, 2021, the Court directed that Plaintiff, within thirty days, submit a completed request to proceed in forma pauperis ("IFP") application or pay the $402.00 in fees required to file a civil action in this Court. Plaintiff immediately responded with a letter requesting that the Court approve her motion to participate in electronic case filing ("e-filing") in this case so that she can pay the filing fees electronically. For the reasons set forth below, the Court denies Plaintiff permission to participate in e-filing at this time. Plaintiff has not yet fully complied with the procedures for filing a case, including the submissions of fees or an IFP application. The Court therefore finds that it is premature to consider Plaintiff's e-filing application. If Plaintiff complies with the Court's June 17, 2021 order within the time allowed, Plaintiff may then submit a new request for e-filing. If Plaintiff fails to submit the $402.00 in fees or an IFP application, the action will be dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 6/22/2021) (sac)
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LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein dated 6/22/21 re: "CLERK FRAUD & FILE TAMPERING" - Evidence of your Clerk's willful fraud and tampering: https://www.instagram.com/tv/CObFBnhKll/?utm_medium=copy_link etc. Document filed by Elizabeth Harding Weinstein.(sc)
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LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 6/22/21 re: Defendant Brian S. Weinstein, a known pedaphile and my domestic violence abuser, and Defendant Dina Kaplan have retaliated against me, are working with state actor Janet C. Malone with intent to do me irraparable harm on 6/24/21; and your clerks are committing fraud by delaying filings and deleting this critical information from the docket text. Document filed by Elizabeth Harding Weinstein.(sc)
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| Friday, June 18, 2021 | ||
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LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 6/18/21 re: I am requesting that you immediately approve my electronic filing for this case, so that I may pay the fee electronically, and this case may advance. It is imperative that I bring this issue(as previously indicated) to your full attention and seek emergency injunctive relief in order for justice to be served. Document filed by Elizabeth Harding Weinstein.(sc)
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| Thursday, June 17, 2021 | ||
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LETTER addressed to Judge Laura Taylor Swain from E. Harding Weinstein, dated 6/17/21 re: "DENIAL OF DUE PROCESS, ELECTRONIC FILING, FEE, EMERGENCY INJUNCTIVE RELIEF"- Please immediately approve my electronic filing for this case so that I may pay the filing fee electronically. As I cannot medically tolerate a mask, I am being denied access to the Court to pay directly, and the other options are obstacles to justice that my legal adversaries do not have to overcome. Please see the attached which provides evidence of my claims etc. Document filed by Elizabeth Harding Weinstein.(sc)
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ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fees or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). Filing Fee due by 7/19/2021. In Forma Pauperis (IFP) Application due by 7/19/2021. (Signed by Chief Judge Laura Taylor Swain on 6/17/2021) (ees)
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Att: 1
IFP Application
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) | ||
| Friday, May 21, 2021 | ||
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PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: E. Weinstein consents to receive electronic service via the ECF system. Document filed by Elizabeth Harding Weinstein.(sc)
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| Wednesday, May 19, 2021 | ||
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MOTION for Permission for Elizabeth Harding Weinstein to participate in electronic case filing in this case. Document filed by Elizabeth Harding Weinstein. (sac)
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COMPLAINT against Aprilanne Agostino, Joseph Castellano, Dina Kaplan, Gloria Marchetti-Bruck, Robert J. Miller, Jeannine Muratore, New York State Appeallate Court, Second Judicial Department, Wendy Stynes, Supreme Court of the State of New York, Westchester County, Brian Stryker Weinstein. Document filed by Elizabeth Harding Weinstein. (sac)
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Att: 1
38 pgs
Main Document,
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Att: 2
25 pgs
Main Document,
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Att: 3
14 pgs
Main Document,
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Att: 4
Civil Cover Sheet
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| Case Designated ECF. (sac) | ||