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DeMartino v. Zenk

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 20, 2008

VINCENT DEMARTINO, PLAINTIFF,
v.
MICHAEL ZENK, DR. BORECKY, DR. FRANCIS, DR. BEAUDIN, MR. SCHIAVONE, MS. MIDDLETON, MS. SULLIVAN, P.A. ERZOUKI, P.A.CELESTIN, P.A. HUNT, AND M.D.C. MEDICAL DEPARTMENT, DEFENDANTS.

The opinion of the court was delivered by: Townes, United States District Judge

ORDER

Plaintiff pro se, Vincent DeMartino, has moved to stay all proceedings in this Court while he appeals this Court's affirmance, by an Order dated March 4, 2008, of Magistrate Judge Bloom's Order, dated February 1, 2008 (the "February 1 Order").*fn1 To grant plaintiff's motion, he must establish that (1) he will be irreparably injured absent a stay; (2) issuance of the stay will substantially injure the other parties interested in the proceeding; (3) he has made a strong showing that he is likely to succeed on the merits; and (4) the stay is in the public interest. In re World Trade Center Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007). Plaintiff's two-page submission fails to demonstrate that any of these factors favor the granting of a stay, and given that the Court has already affirmed the February 1 Order and is unconvinced that any other factor could sufficiently be proven by plaintiff, there is no basis for granting plaintiff's motion for a stay. Accordingly, plaintiff's motion for a stay is DENIED.

SO ORDERED.

SANDRA L. TOWNES United States District Judge


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