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MALLEY v. NEW YORK CITY BOARD OF EDUCATION

May 5, 2003

PETER J. MALLEY, PLAINTIFF, AGAINST NEW YORK CITY BOARD OF EDUCATION; CITY OF NEW YORK; CORPORATION COUNSEL OF THE CITY OF NEW YORK, DEFENDANTS


The opinion of the court was delivered by: VICTOR Marrero, United States District Judge.

ORDER

The Court having reviewed the Notice of Motion dated April 29, 2003 filed by plaintiff Peter J. Malley herein notes that it constitutes a reiteration of the motion the Court previously denied by its Order dated February 28, 2003. Accordingly, the Court denies the motion and directs the Clerk of Court to remove it from the Court's civil database of motions.

Plaintiff herein has already been sanctioned for continuing to file, without prior Court approval, new actions in this Court based on the same events described in his initial lawsuit herein, which the Court dismissed as unmeritorious in its original form as well as in numerous repeated versions. See Malley v. New York City Bd. of Educ., 207 F. Supp.2d 256 (S.D.N.Y. 2002). Plaintiff is given a final warning that any additional filing made to this Court evidencing non-compliance with the Court's previous orders shall subject him to appropriate penalties for disobeying court orders.

SO ORDERED.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Peter J. Malley 31 Maple Pl. Clifton, N.J. 07011

Plaintiff NOTICE OF MOTION

against 02 CV 41999 (VM)

1. New York City Board of Education 65 Court St., Rm. 814 Brooklyn, N.y. 11201
2. City Of New York N.Y.C. Law Dept. 100 Church St., 4th Fl. New York, N.Y. 10007
3. Corporation Counsel of the City of New York N.Y.C. Law Dept. 100 Church St., 4th Fl. New York, N.Y. 10007
Defendants

NOTICE OF MOTION

PLEASE TAKE NOTICE upon motion herein, plaintiff will move this Court, Victor Marrero, U.S.D.J., in room 905, United States Courthouse, 40 Foley Sq., New York, N.Y. 10007 on May 16, 2003 at 9:30 a.m. or as soon thereafter as counsel may be heard for 2ND AMENDED RULE 60 MOTION.

Respectfully submitted,

________________________ Peter J. Malley, Pro Se
Apr. 29, 2003

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Peter J. Malley 31 Maple P1. Clifton, N.J. 07011

Plaintiff 2ND AMENDED RULE ...


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