Commercial Litigation and Arbitration

Appeals Court Has Inherent Power to Dismiss Appeal As Frivolous When It Presents No Arguably Meritorious Issue

Spain v. Gelb & Black PC, 2019 WL 6598307 (2d Cir. Aug. 7, 2019):*1 Appellant, pro se, moves to compel discovery, stay the briefing deadline, sanction the Appellee, and strike all of the Appellee’s filings. Upon due consideration, it is hereby ORDERED that the motions are DENIED and the appeal is DISMISSED because it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 1995) (per curiam) (“[T]his court has inherent authority, wholly aside from any statutory warrant, to dismiss an appeal or petition for review as frivolous when the appeal or petition presents no arguably meritorious issue for our consideration.”).

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