Legal Opinion

Cappello v. New York

District Court, S.D. New York

Decided December 19, 2000No. 00 CV. 4072(CM)Published

1Opinion of the Court

MEMORANDUM DECISION AND ORDER GRANTING STATE DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT

MCMAHON, District Judge.

Background

Plaintiff, Eugene Cappello (“Cappello”), is a party to an ongoing matrimonial action that is pending in the Supreme Court, Westchester County, New York. (Compl. ¶ 19; see also, letter from A.A.G. Carolyn Cairns Olsen to Hon. Denny Chin of July 25, 2000.) Defendant, Hon. Joan B. Lef-kowitz, has from time to time presided over the divorce proceedings.

On January 26, 1999, Plaintiff entered into a stipulation obligating him to make two payments of $37,500 each to his wife: the…

2Cases cited11 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Stump v. SparkmanSupreme Court of the United States · 1978
  4. Mireles v. WacoSupreme Court of the United States · 1991
  5. Pierson v. RaySupreme Court of the United States · 1967

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