No. 23-6338

Marc Fishman v. New York

Lower Court: New York
Docketed: 2023-12-22
Status: Denied
Type: IFP
Amici (1)Response WaivedRelisted (2)IFP
Tags: civil-rights due-process judicial-procedure notice notice-requirement opportunity-to-be-heard order-of-protection parental-rights parenting procedural-due-process right-to-bear-arms
Key Terms:
DueProcess SecondAmendment Jurisdiction
Latest Conference: 2024-04-12 (distributed 2 times)
Question Presented (AI Summary)

Whether New York State's statutory framework violates procedural due process

Question Presented (OCR Extract)

question presented is: 1. Whether New York State’s statutory framework which permitted a court to issue an order of protection depriving a defendant of access to his children and his right to bear arms without notice or an opportunity to be heard and misrepresents that such notice or a hearing was provided by falsely stating defendant and his attorney were present in court when the order was issued, and thereafter issues an order prohibiting the defendant and his attorney from filing a motion seeking to vacate or modify the order to which the defendant has no right to appellate review in New York, violates procedural due process?

Docket Entries

2024-04-15
Petition DENIED.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2024-03-12
Petitioner complied with order of February 20, 2024.
2024-02-20
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 12, 2024, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2024-01-22
Brief amicus curiae of Disability Rights New York filed. (Distributed)
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-11
Waiver of right of respondent New York to respond filed.
2023-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2024)
2023-10-04
Application (23A290) granted by Justice Sotomayor extending the time to file until December 22, 2023.
2023-09-25
Application (23A290) to extend the time to file a petition for a writ of certiorari from October 23, 2023 to December 22, 2023, submitted to Justice Sotomayor.

Attorneys

Disability Rights New York
Christina Nicole AsbeeDisability Rights New York, Amicus
Christina Nicole AsbeeDisability Rights New York, Amicus
Marc Fishman
Caner DemirayakLaw Office of Caner Demirayak, Esq., P.C., Petitioner
Caner DemirayakLaw Office of Caner Demirayak, Esq., P.C., Petitioner
New York
Steven A. BenderWestchester District Attorneys Office, Respondent
Steven A. BenderWestchester District Attorneys Office, Respondent