PANCAKE v. McCARTHY

No. CV 91-1200.

806 F.Supp. 378 (1992)

John PANCAKE, Plaintiff, v. John G. McCARTHY, Stephen R. Jellenik and Edgar Hills, Defendants.

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

November 18, 1992.


Attorney(s) appearing for the Case

Elliot Cohen, New York City, for plaintiff.

Robert Abrams, New York State Atty. Gen. by Susan B. Blum, Asst. Atty. Gen., Happauge, N.Y., for defendant McCarthy.

Conway, Farrell, Curtin & Kelly, P.C. by Patrick E. Curtin, New York City, for defendant Jellenik.

Jacobowitz, Spessard, Garfinkel & Lesman by Jonathan Ressler, New York City, for defendant Hills.


MEMORANDUM AND ORDER

WEXLER, District Judge.

John Pancake ("Pancake" or "plaintiff") instituted this action pursuant to 42 U.S.C. § 1983 and named the Honorable John G. McCarthy, retired justice of the New York state Supreme Court as a defendant. Plaintiff seeks a declaratory judgment that a settlement he entered into in open court before Judge McCarthy was forced upon him by the defendant in violation of the Fourteenth Amendment. Presently before the...

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