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Gebman v. State

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 18, 2008

CLARK J. GEBMAN, PLAINTIFF,
v.
STATE OF NEW YORK, PRESHROCK CORPORATION, CITY OF BEACON, UNITED STATES OF AMERICA, AND JOHN OR JANE DOE 1-500 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Gary L. Sharpe U.S. District Judge

ORDER

On November 20, 2007, Clark Gebman, proceeding pro se, filed a Complaint pursuant to 42 U.S.C. § 1983 objecting to the sale of certain property located in the City of Beacon. (Dkt. No. 1.) The court has before it a letter from Lawrence Kalkstein, Treasurer of defendant Preshrock Corporation, dated January 24, 2008, purporting to be a motion to dismiss. (Dkt. No. 13.)

It is well-settled that a corporation may not appear in federal court unless it is represented by licensed counsel. See Rowland v. California Men's Colony, 506 U.S. 194, 201-202 (1993) ("It has been the law for the better part of two centuries . . . that a corporation may appear in the federal courts only through licensed counsel."). In other words, although an individual may represent himself, a corporation--even a closely-held one--must be represented by counsel. See generally New York State Teamsters Conference Pension & Ret. Fund v. Comac Builders Supply Corp., No. 06-cv-208, 2008 WL 150515 (N.D.N.Y. Jan. 14, 2008). Accordingly, the court will not consider the letter motion submitted on behalf of Preshrock Corporation.

WHEREFORE, for the foregoing reasons, it is hereby

ORDERED that the letter motion submitted by Lawrence Kalkstein on behalf of Preshrock Corporation, (Dkt. No. 13), will not be considered by the court; and it is further

ORDERED that the Clerk provide copies of this Order to the parties, as well as to Lawrence Kalkstein.

IT IS SO ORDERED.

20080318

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