UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

SYLVESTER L. TUOHY, and YONGJIE TUOHY,

Plaintiffs, 24-CV-10070-KMK v. ORDER OF SERVICE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE,

Defendant.

KENNETH M. KARAS, United States District Judge: Plaintiffs, who are proceeding pro se, paid the filing fees to commence this Action. The Clerk of Court is directed to issue a summons as to Defendant New York State Department of Taxation and Finance. Plaintiffs are directed to serve the summons and Complaint (Dkt. No. 1) on the Defendant within 90 days of the issuance of the summons.1 If within those 90 days, Plaintiffs have neither served Defendant nor requested an extension of time to do so, the Court may dismiss the claims against Defendant under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. See Fed. R. Civ. P. 41(b) (permitting dismissal of an action for failure to prosecute); Murphy v. L.A. Spaulding et al., No. 20-CV-9013,

, at *1 (S.D.N.Y. Mar. 30, 2022) (dismissing case brought by pro se plaintiff for failure to prosecute); Armstrong v. Guiccione,

, 103 n.1 (2d Cir. 2006) (noting that “a federal district court

1 Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date the complaint is filed, the summons in this Action was not issued when Plaintiffs filed their Complaint. The Court therefore extends the time to serve until 90 days after the date the summons is issued. has the inherent power to dismiss a case sua sponte for failure to prosecute” (citing Link v. Wabash R.R. Co.,

(1962)). Plaintiffs may receive court documents by email by completing the attached form, Consent to Electronic Service.” SO ORDERED. DATED: February 3, 2025 j > White Plains, New York KENNETH M. KARAS UNITED STATES DISTRICT JUDGE

? If Plaintiffs consent to receive documents by email, Plaintiffs will no longer receive court documents by regular mail.