Gurvey v. Garry

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK AMY R. GURVEY, Plaintiff, v. HON(S). ELIZABETH A. GARRY, Presiding Justice, NYS Appellate Division, 3rd Department; GERALD NOT FOR PUBLICATION WHELAN (4th Dept.); ALAN SCHEINKMAN (2d Dept.); LARENCE MARKS, Chief Adm. Officer, NYS Office of Court Administration; LUIS GONZALEZ; ORDER PETER TOM; JONATHAN LIPPMAN; ALAN 19-CV-04739 (LDH) FRIEDBERG; LAUREN HOLMES; RICHARD SUPPLE; HINSHAW & CULBERTSON; O. LEE SQUITIERI, Esq.; SQUITIERI & FEARON, LLP; and DOES 1-10, Inclusive, Defendants.

LASHANN DEARCY HALL, United States District Judge:

On August 16, 2019, Ann R. Gurvey, appearing pro se, filed the instant Complaint and proposed Order to Show Cause for a Preliminary Injunction seeking intervention into state court proceedings. Plaintiff paid the requisite filing fee to commence this action. A party seeking a preliminary injunction must establish irreparable harm and either (a) a likelihood of success on the merits or (b) sufficiently serious questions going to the merits and a balance of hardships tipping decidedly in its favor. Green Party of New York State v. New York State Bd. of Elections, 389 F.3d 411, 418 (2d Cir. 2004). Plaintiff’s request for injunctive relief does not demonstrate a likelihood of success on the merits, nor does it make a showing of immediate or irreparable harm. Accordingly, Plaintiff’s request for a hearing and preliminary injunctive relief is denied at this time. The Court will continue to review the Complaint. SO ORDERED

Dated: Brooklyn, New York /s/ LDH August 16, 2019 LASHANN DEARCY HALL United States District Judge