Opinion
Civil Action No. CV-00-485 (DGT).
November 29, 2010
MEMORANDUM AND ORDER
Laurie Schiavone ("Schiavone"), the aunt of plaintiff John Pierotti ("plaintiff"), has written this Court on behalf of her nephew with regard to the above caption case, which was closed on December 22, 2000 and for which Judge Sifton granted plaintiff access to his portion of the settlement amount on September 24, 2008. Schiavone states in her letter that plaintiff, while still a minor, signed his share of the settlement over to his mother, Melissa Ferris ("Ferris"), under false pretenses, and that plaintiff's mother used the money for her own benefit. Schiavone requests, inter alia, that this Court order Ferris to repay plaintiff, place a lien on Ferris' property and/or order Ferris to make monthly payments to plaintiff.
Plaintiff is advised that, in order for the Court to consider this matter, John Pierotti must submit a letter to the Court on his own behalf. His aunt, who is not an attorney, does not have standing to request the above court action. See N.Y. C.P.L.R. § 321 (stating that an adult party "may prosecute or defend a civil action in person or by attorney"); Judiciary Law § 478 (making it unlawful for persons who have not been admitted to practice law to appear as or hold themselves out as attorneys). If John Pierotti wishes to request relief from this Court, he must be represented by an attorney or proceed pro se.
Although plaintiff was a minor during the pendency of this action, he turned eighteen on December 29, 2008.
Dated: Brooklyn, New York November 29, 2010
SO ORDERED.