Opinion
M-7240 M-7079 M-7078 M-3845 M-7241 M-6989
11-07-2019
In re James Pettus, et al., Petitioners-Appellants, v. Board of Directors, et al. 251413/14 251751/14 Respondents-Appellants
A decision and order of this Court having been entered on November 16, 2017 (Appeal Nos. 4982-4982a) affirming the order, Supreme Court, Bronx County (Wilma Guzman, J.) entered June 30, 2015, which, among other things, granted respondents' motion to dismiss the petition under Index No. 251413/14, and dismissing the appeal from an order, same court (Norma Ruiz, J.), entered February 2, 2016, which denied petitioners' motion to reargue, And an order of this Court having been entered on March 13, 2018 (M-6661) denying petitioner James Pettus's motion for reargument of the decision and order of this Court entered on November 16, 2017 (Appeal Nos. 4982-4982a), And a decision and order of this Court having been entered on April 19, 2018 (Appeal No. 6311), affirming the order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered June 21, 2016, which, insofar as appealed from as limited by the briefs, granted respondents' motion to vacate a judgment, same court (Alison Y. Tuitt, J.), entered August 7, 2015, granting the petition on default, and upon vacatur, granted respondents' motion to dismiss the petition under Index No. 250720/15,And an order of this Court having been entered on July 19, 2018 (M-2223/M-2629) denying petitioners' motion for reargument of the decision an order of this Court entered on April 19, 2018 (Appeal No. 6311) and granting respondents' motion to the extent of enforcing the vexatious litigation order of the Supreme Court, New York County, entered on or about June 16, 2015, And an order of this Court having been entered on September 20, 2018 (M-3876) denying petitioner James Pettus's motion for reargument of the order of this Court entered on July 19, 2018 (M-2223/M-2629), And an order of this Court having been entered on April 25, 2019 (M-883) denying petitioner James Pettus's motion for reconsideration/reargument of the orders of this Court entered on July 19, 2018 (M-2223/M-2620) and on September 20, 2018 (M-3876), and to vacate the vexatious litigation order, or in the alternative, for leave to appeal to the Court of Appeals from the aforesaid orders of this Court, and for other relief, And a decision and order of this Court having been entered on February 19, 2019 (Appeal No. 8427), affirming the Judgment (denominated an order), Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about March 28, 2017, striking the note of issue and dismissing with prejudice the proceeding under Index No. 251751/14, and granting respondents' motion (M-4168) to the extent of restraining and enjoining petitioners from filing any papers in this Court that have any relation to this matter without prior leave of this Court, And an order of this Court having been entered on May 23, 2019 (M-1244) denying petitioner James Pettus's motion for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on February 19, 2019 (Appeal No. 8427, M-4168), and for other relief, And an order of this Court having been entered on July 23, 2019 (M-2725) denying petitioners renewed motion for poor person relief with respect to an appeal taken from an order of the Supreme Court, Bronx County, entered on or about December 17, 2015, under Index No. 251751/14, And petitioner James Pettus having again moved under Index Nos. 250720/15 and 251413/14 to vacate the orders of this Court entered on November 16, 2017 (Appeal Nos. 4982-4982a) and on April 19, 2018 (Appeal No. 6311) and the vexatious litigation order, and for permission to appeal to Court of Appeals (M-6989), and respondents having cross moved to again declare petitioner James Pettus a vexatious litigant and to bar future filings except under specified conditions, to hold him in contempt for willfully violating the existing filing injunctions, and to impose sanctions of not less than $2,750 to deter future misconduct, And petitioner James Pettus having moved under Index No. 251751/14 to vacate the order and decision of this Court entered on February 19, 2019 (Appeal No. 8427) on constitutional grounds or for leave to appeal to the Court of Appeals (M-3845), and respondents having cross moved to again declare petitioner James Pettus a vexatious litigant and to bar future filings except under specified conditions, to hold him in contempt for willfully violating the existing filing injunctions, and to impose sanctions of not less than $2,750 to deter future misconduct (M-7078),And petitioner James Pettus having moved to vacate the decision of this Court entered July 23, 2019 (M-2725) which denied his motion for poor person relief with respect to his appeal from the order entered December 17, 2015 under Index No. 251751/14 (M-7079), and respondents having cross moved to again declare petitioner James Pettus a vexatious litigant and to bar future filings except under specified conditions, to hold him in contempt for willfully violating the existing filing injunctions, and to impose sanctions of not less than $2,750 to deter future misconduct (M-7240), Now, upon reading and filing the papers with respect to the motions and cross motions, and due deliberation having been had thereon, it is Ordered that petitioner James Pettus's motions are denied in their entirety (M-6989, M-3845, M-7079), and it is further Ordered that the respondents cross motions (M-7241, M-7078, M-7240) are granted to the extent of imposing sanctions on the petitioner James Pettus, pursuant to 22 NYCRR 1250.1(h), in the amount of $2,000, by virtue of his protracted history of filing frivolous, repetitive and meritless motions without seeking the permission of this Court, and the need to deter such conduct in the future. Petitioner James Pettus is directed to immediately deposit said amount with the Clerk of the Supreme Court, New York County, for transmittal to the State Commissioner of Taxation and Finance, and it is further ORDERED that based upon petitioner James Pettus's protracted history of filing numerous frivolous, repetitive and meritless motions in this Court, petitioner James Pettus is enjoined from making any further motions in this Court that have any relation to or connection with the aforementioned appeals and/or prior orders of this Court, absent the granting by this Court of a separate written application by James Pettus for permission to make such motion. The Clerk is directed to not accept any further motion with respect to the aforementioned appeals or prior orders of this Court absent the granting of such leave, and it is further ORDERED that the branch of the cross motions which seek to hold petitioner James Pettus in contempt is denied, without prejudice to renew, in the event that he fails to comply with the directives set forth above.
ENTERED: November 7, 2019
__________ CLERK
Present: Hon. David Friedman, Justice Presiding,Rosalyn H. Richter Barbara R. Kapnick Troy K. Webber,Justices
Index Nos. 250720/15