Brown v. Parkch Ester South Condominiums

Full title: JOEL BROWN, Plaintiff v. PARKCH ESTER SOUTH CONDOMINIUMS, Defendant

Court: United States District Court, S.D. New York

Date published: Dec 18, 2002

No. 00 Civ. 7235 (WK) (S.D.N.Y. Dec. 18, 2002)

Opinion

No. 00 Civ. 7235 (WK)

December 18, 2002

Jule Gaughran, Esq., Law Office of Julie Gaughran, Mount Kisco, NY, For Plaintiff.

James F. Berg, Esq., New York, NY, For Defendant.

ORDER

WHITMAN KNAPP, Senior District Judge.

In June 2001, we dismissed Plaintiff Joel Brown's complaint. See Brown v. Parkchester South Condominium (S.D.N.Y. June 6, 2001) No. 00 Civ. 7235, 2001 WL 631238, *1. Thereafter, the Plaintiff appealed our decision to the Second Circuit Court of Appeals. While his appeal was still pending, the Plaintiff, at that time proceeding pro se, also submitted a letter wherein he sought "reconsideration" of our decision pursuant to Federal Rule of Civil Procedure 60(b)(1). (See Docket No. 14). We construed the Plaintiff's request as a "Letter-Motion" and instructed the Clerk of the Court to file and enter the letter on the docket. See id.

Before we had issued any ruling on his request, the Second Circuit reversed our dismissal and remanded the case to us for an evidentiary hearing. Brown v. Parkchester South Condominiums (2d Cir. 2002) 287 F.3d 58, 61. In light of the Second Circuit's decision, we hereby DENY the Plaintiff's prior request for reconsideration of our dismissal as moot.

SO ORDERED.