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BERNSTEIN v. STATE OF NEW YORK

No. 77 Civ. 4800(MP).

466 F.Supp. 435 (1979)

Norma BERNSTEIN, Plaintiff, v. The STATE OF NEW YORK, Francis X. Smith, Administrative Judge of New York City Civil Court, and Phoenix Ingram, Chief Clerk of The New York City Civil Court, Defendants.

United States District Court, S. D. New York.

March 8, 1979.

Attorney(s) appearing for the Case

Community Law Offices, New York City, for plaintiff by Carl O. Callender, Arthur C. Helton, and Victor Olds, New York City.

Robert Abrams, Atty. Gen. of The State of New York by A. Seth Greenwald, Asst. Atty. Gen., New York City.

OPINION

POLLACK, District Judge.

Defendants have moved to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6) and plaintiff has cross-moved for summary judgment in her favor pursuant to Rule 56. For the reasons set forth below, the suit must be dismissed.

This suit seeks a declaration that it is unconstitutional to exact a $10 fee for filing a notice of appeal from a New York City Civil Court decision to the...

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