Lettieri v. Town of Colesville

The court considered whether Lettieri’s motion to recall the mandate constituted a proceeding subject to the previously imposed leave-to-file sanction, including for filings in existing cases. The court held that the sanction applied, denied leave to file, and denied the motion to recall the mandate as moot.

Docket

Court

Court of Appeals for the Second Circuit

Court level

appellate

Jurisdiction

Federal

Date filed

January 21, 2026

Parties

TOWN OF COLESVILLE · appelleeDAVID C. LETTIERI · appellant

Judges

Jacobs · majorityPérez · majorityKahn · majority

Status

published

Disposition

Motion for leave to file DENIED; motion to recall the mandate DENIED as moot.

Opinion type

combined

Format

per curiam

Source

View PDF

In the United States Court of Appeals for the Second Circuit

August Term 2025 Decided: January 21, 2026

No. 24-827

DAVID C. LETTIERI, Plaintiff-Appellant , v. TOWN OF COLESVILLE, Defendant-Appellee .

Appeal from the United States District Court for the Western District of New York No. 23-cv-519, Lawrence J. Vilardo, District Judge .

Before: Jacobs, Pérez, and Kahn, Circuit Judges .

PER CURIAM:

This Court imposed a leave-to-file sanction on Appellant on July 9, 2024. 2d Cir. 24-318, doc. 21 (7/9/2024 Or.). The sanction order directs that the Clerk of Court “shall refuse to accept for filing from the Appellant any future appeal or other proceeding in this Court unless he first obtains leave of the Court to file suchPage 2 appeal or proceeding.' Id. Appellant's current motion to recall the mandate constitutes a “proceeding” under the sanction order. For the avoidance of doubt, Appellant must obtain leave of the Court to make any new filings in his existing cases, including those cases filed prior to the issuance of the sanction order. It is hereby ORDERED that the motion for leave to file is DENIED and the motion to recall the mandate is DENIED as moot.