Summary
denying Motion to Stay, without prejudice, after noting that "Farrell's current application, which was made by letter dated November 9, 2001, does nothing more than recount that Farrell is currently in military service and is stationed overseas"
Summary of this case from The Antioch Co. v. Scrapbook Borders, Inc.Opinion
01 Civ. 520 (RMB)(HBP)
December 5, 2001
MEMORANDUM OPINION AND ORDER
Defendant Farrell's application to stay this matter as to him pursuant to the Soldiers' and Sailors' Relief Act ("SSRA") 50 U.S.C. (App.) §§ 501 et. seq., is denied without prejudice to renewal.
Farrell's current application, which was made by letter dated November 9, 2001, does nothing more than recount that Farrell is currently in military service and is stationed overseas. The law is fairly clear, however, that a stay pursuant to the SSRA is not appropriate upon a "mere showing that the defendant [is outside the jurisdiction] in the military service." Boone v. Lightner, 319 U.S. 561, 568 (1943). See also Hackman v. Postel, 675 F. Supp. 1132, 1133 (N.D. Ill. 1988); Guzman v. Warenda, 161 A.D.2d 1017, 1018, 557 N.Y.S.2d 588, 589 (3rd Dep't), appeal dismissed, 76 N.Y.2d 885, 562 N.E.2d 870, 561 N.Y.S.2d 545 (1990).
Accordingly, Farrell's application for a stay pursuant to the Soldiers' and Sailors' Relief Act is denied without prejudice to renewal. Any renewed application should be made by formal motion, including an affidavit or affirmation and memorandum of law.
SO ORDERED