Intra-State America Transportation Corporation v. State of New York Workers Compensation Board

Filing 9

ORDER denying 5 Passero's motion to represent the corporate plaintiff, Intra-State America Transportation Corporation. Plaintiff is ordered to enter an appearance through counsel within 30 days of entry of this Decision and Order. Should plaintiff fail to do so, the Court may enter a default judgment dismissing this action. Signed by Hon. David G. Larimer on 11/27/12. (EMA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________________
INTRA-STATE AMERICA TRANSPORTATION
CORPORATION,
Plaintiff,
DECISION AND ORDER
12-CV-6540L
v.
STATE OF NEW YORK WORKERS
COMPENSATION BOARD,

Defendant.
________________________________________________

Nicholas Passero (“Passero”), the president, sole officer and sole shareholder of Intra State
America Corporation (the “Corporation”), filed this pro se action on the Corporation’s behalf against
the New York State Workers’ Compensation Board (“defendant”) on October 5, 2012. (Dkt. #1).
On October 25, 2012, defendant moved to dismiss the action pursuant to Federal Rules of Civil
Procedure 12(b)(6), arguing, inter alia, that the Corporation had failed to appear by counsel (Dkt.
#4). Plaintiff, a non-lawyer, now moves to represent the Corporation in lieu of counsel (Dkt. #5).
For the following reasons, that motion is denied.
It is well settled that corporations may only appear in the federal courts through licensed
counsel. See Rowland v. California Men’s Colony, 506 U.S. 194, 202 (1993); Grace v. Bank Leumi
Trust Co. of New York, 443 F.3d 180, 192 (2d Cir. 2006); Northeastern Lumber Mfg. Assoc. v. NLM
Enters., Inc., 2009 U.S. Dist. LEXIS 37122 at *5 (W.D.N.Y. 2009). Passero contends that both he
and the Corporation lack sufficient funds to retain counsel, and asks that the Court excuse the lack
of licensed counsel in order to avoid injustice and hardship. However, federal courts have
consistently rejected such requests, and the few cases that have granted them have been roundly

rejected by the Second Circuit Court of Appeals, and by district courts in this Circuit, as aberrant.
See e.g., Eagle Assocs. v. Bank of Montreal, 926 F.2d 1305, 1309 - 1310 (2d Cir. 1991); Jones v.
Niagara Frontier Transp. Auth., 722 F.2d 20, 22-23 (2d Cir. 1983); New York State Teamsters Conf.
Pension and Ret. Fund v. Comac Builders Supply Corp., 2008 U.S. Dist. LEXIS 2588 at *6-*17
(N.D.N.Y. 2008). In any event, plaintiff has made no evidentiary showing that the Corporation is
insolvent or otherwise unable to prosecute this action through counsel. As such, the plaintiff
Corporation is ordered to enter an appearance, through counsel, within thirty days of entry of this
Decision and Order, or risk a default judgment dismissing its claims in their entirety.

CONCLUSION
Passero’s motion to represent the corporate plaintiff, Intra-State America Transportation
Corporation (Dkt. #5) is denied. Plaintiff is ordered to enter an appearance through counsel within
thirty (30) days of entry of this Decision and Order. Should plaintiff fail to do so, the Court may
enter a default judgment dismissing this action.
IT IS SO ORDERED.

_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
November 27, 2012.

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