Bernstein v. State of New York

OPINION

POLLACK, District Judge.

Defendants have moved to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6) and plaintiff has cross-moved for summary judgment in her favor pursuant to Rule 56. For the reasons set forth below, the suit must be dismissed.

This suit seeks a declaration that it is unconstitutional to exact a $10 fee for filing a notice of appeal from a New York City Civil Court decision to the Appellate Term of the New York State Supreme Court. The plaintiff seeks a direction to the Clerk that he accept plaintiff’s notice of appeal as filed…