Opinion
23 CIVIL 2078 (VB)
01-23-2024
LISA BAKER, Plaintiff, v. DAVID G. GALLO, ESQ. personally and professionally, BERT T. BOWLER, CFP personally and professionally, and ESTATE OF KARL PIRNAT, Defendants.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 22, 2024, the motion to dismiss is GRANTED. Plaintiff's request for leave to amend the complaint is DENIED. The dismissal is without prejudice to refiling in state court. Katz v. Donna Karan Co., 872 F.3d 114, 121 (2d Cir. 2017). The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962); accordingly, the case is closed.