Kostyshyn v. New Castle County

• Court: Supreme Court of Delaware
• Decided: July 20, 2023
• Docket: 119, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

PETER KOSTYSHYN, § § Defendant Below, § No. 119, 2023 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § NEW CASTLE COUNTY, § C.A. No. N22J-02872 § Plaintiff Below § Appellee. §

Submitted: July 18, 2023 Decided: July 20, 2023

Before SEITZ, Chief Justice; TRAYNOR and GRIFFITHS, Justices.

ORDER

After consideration of the notice to show cause and the appellant’s response,

it appears to the Court that:

(1) The appellant, Peter Kostyshyn, filed this appeal from a monition action

in the Superior Court. On June 1, 2023, the Court denied Kostyshyn’s motion to

proceed in forma pauperis. The Senior Court Clerk advised Kostyshyn to pay the

filing fee by June 16, 2023 or a notice to show cause would issue. Kostyshyn failed

to pay the filing fee. He also failed to pay the Superior Court appeal preparation fee.

(2) On June 16, 2023, the Chief Deputy Clerk issued a notice, by certified

mail, directing Kostyshyn to show cause why this appeal should not be dismissed

for his failure to pay the filing fee and the Superior Court appeal preparation fee. Postal records show that the notice has been in transit since June 24, 2023. On July

5, 2023, the Chief Deputy Clerk reissued the notice to show cause by first class mail.

Both notices to show cause were sent to the address Kostyshyn provided, and

continues to provide, to this Court.

(3) On July 18, 2023, Kostyshyn filed various documents in this appeal that

are deemed to be his response to the notice to show cause. The documents do not

address his failure to pay the filing fee or the Superior Court appeal preparation fee.

In light of Kostyshyn’s failure to pay the filing fee and the Superior Court appeal

preparation fee, this appeal must be dismissed.

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b),

that this appeal is DISMISSED.

BY THE COURT:

/s/ N. Christopher Griffiths Justice