Meissner v. City of New York

• Court: District Court, S.D. New York
• Decided: February 22, 2024
• Docket: 1:23-cv-01907
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------X STUART MEISSNER, JONATHAN ZERON, JAMES ALEMAN, JR., STEVEN SILVESTRO,

Plaintiffs, ORDER - against - 23 Civ. 1907 (NRB) CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, KEECHANT SEWELL, NICOLE BERKOVICH, NEW YORK CITY POLICE DEPARTMENT LICENSE DIVISION,

Defendants. -------------------------------------X NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE

Plaintiffs Stuart Meissner, Jonathan Zeron, James Aleman, Jr., and Steven Silvestro (collectively, “plaintiffs”) filed this action on March 6, 2023. ECF No. 1. A review of the docket shows that on March 17, 2023, plaintiffs filed a notice of constitutional question pursuant to Federal Rule of Civil Procedure 5.1. ECF No. 17. However, the Court has neither received proof of service nor a response from the New York Attorney General (“NYAG”). Given the amount of litigation concerning the New York’s firearm regulation regime, see, e.g., Antonyuk v. Chiumento, 89 F.4th 271 (2d Cir. 2023), the Court requests a response from the NYAG within thirty (30) days of the filing of this order as to whether it will be exercising its right to intervene. The Court respectfully directs the Clerk of Court to send this Order to the NYAG via certified mail with return receipt requested at the following address:

Office of the New York State Attorney General 28 Liberty Street New York, New York 10005

The Court further orders the City of New York, one of the defendants in this action, to provide notice of this Order to the NYAG.

IT IS SO ORDERED. DATED: New York, New York February 22, 2024

NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE