Ferguson v. Commissioner of Tax and Finance

Filing 10

DECISION AND ORDER granting 4 Motion for Sanctions; granting 5 Motion to Dismiss; denying 8 Motion to Dismiss; granting 9 Motion to Withdraw 4 MOTION for Sanctions , 9 MOTION to Withdraw, 8 MOTION to Dismiss, 5 M OTION to Dismiss ., Plaintiffs motion to withdraw, ECF No. 9, is granted and his motion to dismiss, ECF No. 8, is denied. Defendants motion to dismiss, ECF No. 5, is granted pursuant to Rule 12(b)(6) and Rule 12(b)(1) and the Clerk is directed to enter judgment in favor of Defendant. Defendants motion for sanctions, ECF No. 4, is granted and Plaintiff is ordered to pay the amount of $4,250.00 to the State of New York. Finally, Plaintiff is permanently enjoined from filing any new sal es tax credit case or proceeding in any federal district court without first seeking leave of this Court by means of a Motion Pursuant to Court Order Requiring Leave to File, supported by a sworn affidavit that sets out the following information: the name of the proposed defendant; the nature of the constitutional claim; and the unavailability of an adequate State remedy for the wrong claimed.Signed by Hon. Charles J. Siragusa on 5/11/17. (KAP)-CLERK TO FOLLOW UP- Copy of this Decision and Order and this NEF mailed to pro se plaintiff at 2404 Country Estates Road,Penn Yan, NY 14527-9599