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08-1133 - People of the State of New York et al v. Bay Imaging, PC et al


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08-1133 - People of the State of New York et al v. Bay Imaging, PC et al
March 31, 2008
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MEMORANDUM AND ORDER, Accordingly, as this Court lacks subject matter jurisdiction, the action is remanded to NYS Sup. Ct., Kings County. The Clerk of Court is directed to immediately send a certified copy of this order to the Clerk Court of the Sup. Ct., Kings County and to close this case. Although defts have paid the filing fee to initiate this action, the Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. (Ordered by Magistrate Judge Lois Bloom on 3/27/08) c/m Fwd. for Judgment. (Galeano, Sonia)