Treistman v. Wacks, Esq. et al

Filing 32

SUMMARY ORDER - That plaintiffs' application for a temporary restraining order and preliminary injunction (Dkt. No. 12) is DENIED. That all claims asserted on behalf of A.T. are DISMISSED. That the Clerk TERMINATE A.T. as a plaintiff in this case. That the Clerk TERMINATE Cynthia Feathers, Esq. as attorney and guardian ad litem for A.T. Signed by Chief Judge Gary L. Sharpe on 6/5/2013. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
BEN GARY TREISTMAN et al.,
Plaintiffs,

1:12-cv-1897
(GLS/CFH)

v.
VALERIE LYN WACKS, ESQ. et
al.,
Defendants.
________________________________
SUMMARY ORDER
On June 4, 2013, Cynthia Feathers, Esq., attorney and guardian ad
litem for plaintiff A.T., filed a report that outlines A.T.’s opposition to the
application for a temporary restraining order and preliminary injunction filed
by plaintiff pro se Ben Gary Treistman on behalf of himself and A.T., and
her desire to have all claims asserted on her behalf dismissed. (See Dkt.
No. 31.) Because A.T. is now represented and her position regarding this
litigation could not be more clear, the court may now consider the merits of
the stayed application by order to show cause. See Berrios v. N.Y.C.
Hous. Auth., 564 F.3d 130, 134 (2d Cir. 2009); (Dkt. No. 12.) That
application seeks a temporary restraining order and preliminary injunction
prohibiting defendants “from interfering with, obstructing, coercing against,

sanctioning against, penalizing, or preventing the [plaintiffs] from
discussion and free conversation of their pending or future court matters.”
(Dkt. No. 12, Attach. 1 at 1-2.)
“[P]reliminary injunctive relief is an extraordinary remedy and should
not be routinely granted.” Patton v. Dole, 806 F.2d 24, 28 (2d Cir. 1986).
“In most cases, to warrant the issuance of a preliminary injunction, a
movant must show (a) irreparable harm and (b) either (1) a likelihood of
success on the merits of the claim or (2) sufficiently serious questions
going to the merits, and a balance of hardships tipping decidedly in favor of
the moving party.” Phelan v. Hersh, No. 9:10–CV–0011, 2010 WL 277064,
at *5 (N.D.N.Y. Jan. 20, 2010) (citing D.D. ex rel. V.D. v. N.Y.C. Bd. of
Educ., 465 F.3d 503, 510 (2d Cir. 2006)).
Notably, A.T. has informed the court since the appointment of
Feathers that she “does not have an interest that she needs to protect via
such application.” (Dkt. No. 31 at 3.) Accordingly, the court denies the
application with respect to A.T. for that reason alone. It is denied with
respect to Treistman because of his failure to make the necessary showing
under the applicable standard. In particular, he has not shown a likelihood
of success on the merits of his underlying claims, which pertain mostly to
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his allegations that defendants violated his rights in relation to his
communication with A.T. during supervised visitation, (see generally
Compl., Dkt. No. 1), or sufficiently serious questions going to the merits,
and a balance of hardships in his favor. Accordingly, the application is also
denied as it relates to Treistman.
The court now turns to A.T.’s recent filing, which the court construes
as a motion seeking that the claims asserted on her behalf by
Treistman—who was not authorized to represent her pro se—be
dismissed.1 (See Dkt. No. 31; see also Dkt. No. 19.) In support of that
application, A.T. expresses that she has no interest in the litigation, and it
appears that it is having a negative impact on her well being. (See Dkt.
No. 31 at 3.) In light of the foregoing, the court hereby dismisses all claims
asserted on A.T.’s behalf.
ACCORDINGLY, it is hereby
ORDERED that plaintiffs’ application for a temporary restraining
order and preliminary injunction (Dkt. No. 12) is DENIED; and it is further
ORDERED that all claims asserted on behalf on A.T. are

1

Necessarily, the court grants A.T. leave to so move. See N.D.N.Y.
L.R. 17.1(a).
3

DISMISSED; and it is further
ORDERED that the Clerk TERMINATE A.T. as a plaintiff in this case;
and it is further
ORDERED that the Clerk TERMINATE Cynthia Feathers, Esq. as
attorney and guardian ad litem for A.T.; and it is further
ORDERED that the Clerk provide a copy of this Summary Order to
the parties.
IT IS SO ORDERED.
June 5, 2013
Albany, New York

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