Martin-Trigona v. Cohen
| Decision Date | 01 June 1989 |
| Docket Number | Docket No. 89-8022,P,MARTIN-TRIGON |
| Citation | 876 F.2d 307 |
| Parties | Anthony R.laintiff-Appellant, v. Leonard N. COHEN, J.S.C., Stanley Ostrau, J.S.C., Lyn Conniff, Michael D. Rips, Schiff Hardin & Waite, Engel & Mulholland, William Lee Kinnally, Jr., Mall of New Hampshire, Grand & Ostrow and Robert Bates, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Second Circuit |
Anthony R. Martin-Trigona, Middletown, Conn., pro se.
William Lee Kinnally, Jr., Engel & Mulholland, New York City, pro se and for defendants-appellees Grand & Ostrow, Michael D. Rips, Schiff Hardin & Waite, Engel & Mulholland, Mall of New Hampshire and Robert Bates.
Before: PIERCE, WINTER and PRATT, Circuit Judges.
The sorry history of this litigant is amply documented elsewhere and need not be again recounted. See, e.g., In re Martin-Trigona, 737 F.2d 1254, 1256-57 & Appendix C (2d Cir.1984), cert. denied, 474 U.S. 1061, 106 S.Ct. 807, 88 L.Ed.2d 782 (1986). As our prior decisions indicate, Martin-Trigona may not appeal or seek other relief in this court without moving for leave to appeal with a statement of supporting grounds except in litigation in which he is a defendant or has been held in contempt. Id. 737 F.2d at 1264.
Martin-Trigona appeals, or in the alternative seeks leave to appeal, from an order imposing roughly $13,000 in sanctions under Fed.R.Civ.P. 11 in an action in which he is the plaintiff. Martin-Trigona argues that he need not seek leave to appeal because the injunction was never intended to monitor appeals where a judgment was entered against him. He is incorrect because obviously a judgment against him is a prerequisite to any appeal.
We therefore turn to the merits of his motion, filed in the alternative, for leave to appeal. We have previously stated that leave to appeal would be granted only if Martin-Trigona's supporting papers indicated that he "has standing to appeal, that this court has jurisdiction over the appeal, and that the appeal has colorable merit." In re Anthony R. Martin-Trigona, 795 F.2d 9, 10 (2d Cir.1986) (per curiam). We modify that standard and now hold that leave to appeal will also be granted in cases in which he has standing, we have jurisdiction, and the appeal is from an order imposing substantial monetary sanctions. This granting of leave to appeal is without regard to whether his papers demonstrate merit in the appeal. We grant leave solely in recognition of the...
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Martin-Trigona, In re
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Keyes v. Judge Christopher Quinn
...functions.") (preliminary injunction), injunction made permanent, 795 F.2d 9, 12 (2d Cir. 1986), modified sub nom. Martin-Trigona v. Cohen, 876 F.2d 307, 308 (2d Cir. 1989). The Second Circuit has upheld the district court's authority to issue a filing injunction when a "plaintiff abuse[s] ......