United States District Court, S.D. New York
May 28, 2014
RICHARD SURABIAN ET AL., Appellants,
IRVING H. PICARD, Appellee.
MEMORANDUM OPINION AND ORDER
JOHN G. KOELTL, District Judge.
Appellants Richard and Steven Surabian have moved for leave to proceed in forma pauperis on appeal. "The decision of whether to grant a request to proceed in forma pauperis is left to the District Court's discretion under 28 U.S.C. § 1915. The Court's discretion is limited in that: An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." Burda Media Inc. v. Blumenberg , 731 F.Supp.2d 321, 322-23 (S.D.N.Y. 2010) (citations and internal quotation marks omitted). The "good faith" standard is an objective one, and it is not met when a party seeks review of a frivolous claim. See Coppedge v. United States , 369 U.S. 438, 445 (1962); Linden v. Harper & Row Publishers , 490 F.Supp. 297, 300 (S.D.N.Y. 1980) (applying the objective good faith standard in the civil context). Here, the appellants have failed to demonstrate that their claims have any merit. Accordingly, the appellants' application to proceed in forma pauperis is denied, without prejudice to their ability to seek the same relief from the Court of Appeals. See Coppedge , 369 U.S. at 445. The Clerk is directed to close Docket Nos. 39 and 40.