Blumatte v. Farthing
Opinion of the Court
SUMMARY ORDER
Laura Zakresky, substituted as a party for plaintiff-appellant John R. Blumatte,
We review de novo the District Court’s grant of defendants’ motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). See, e.g., Burch v. Pioneer Credit Recovery, Inc., 551 F.3d 122, 124 (2d Cir. 2008). We construe plaintiffs’ complaint liberally, “accepting all factual allegations as true, and drawing all reasonable inferences in the plaintiffs favor.” Id. We may
Because Blumatte’s relevant prior convictions were entered in New York state courts, we look to New York law to determine their preclusive effect.
In this case, plaintiff alleged that defendants, through various illicit means, ensured that he was “falsely charged with grand larceny.” Joint App. at 34 (plaintiffs amended complaint). However, it is undisputed that, on two occasions, Blumatte pleaded guilty to grand larceny— indeed, the precise acts of which plaintiff claims he was falsely accused — after a thorough allocution in which he acknowledged his waiver of rights and explicitly agreed with the Court’s statement that he “stole property from [the Academy].” Joint Appendix at 346 (October 8, 2004 plea hearing); id. at 352, 352 N.Y.S.2d 919, 308 N.E.2d 439 (December 1, 2006 plea hearing). Plaintiffs artful effort to avoid application of collateral estoppel by contending that he had an “overwhelming incentive not to litigate” the criminal charges is without merit. See Appellant’s Br. at 17 (emphasis omitted). Plaintiff does not dispute that his guilt has been adjudicated and that he had a full and fair opportunity to litigate the issue in New York courts. Because his plea agreements established that he in fact stole funds from the Academy, plaintiff is precluded from arguing that others falsely accused him of those very acts. See Britt v. Legal Aid Soc., Inc., 95 N.Y.2d 443, 447, 718 N.Y.S.2d 264, 741 N.E.2d 109 (2000) (“In order to open the door for even a colorable claim of
Accordingly, the February 5, 2008 judgment of the District Court is AFFIRMED.
. Counsel for plaintiff-appellant John R. Blu-matte has informed the Court that Mr. Blu-matte died after this appeal was filed. In accordance with counsel's timely and unopposed motion, Zakresky, the executrix of Mr. Blumatte’s estate, is substituted as a party to this appeal. See Fed. R.App. P. 43(a) ("If a party dies after a notice of appeal has been filed or while a proceeding is pending in the court of appeals, the decedent’s personal representative may be substituted as a party ...")
. Plaintiff has been convicted of other felonies under New Jersey law and federal law. Blu-matte's work for the Academy, which he performed under the name Robert Angona, amounted to a violation of his federal probation, and plaintiff was incarcerated in federal prison for violating probation after he was arrested for the New York state charges at issue.
Reference
- Full Case Name
- John R. BLUMATTE, also known as John Blue, also known as Robert Angona v. Stephen FARTHING, Randolph Lerner, Jr., David Levinson, Russell Wilkinson, Eileen Guggenheim, Robert Bolandian, Christopher Forbes, Margot Gordon, Roland Grybauskas, Ludwig Kuttner, Douglas Oliver, David Schafer, Dennis Smith, The Graduate School of Figurative Art of the New York Academy of Arts, Jeffrey C. Slade, Gerard Quinn, Donald Rogers, Charles Cawley, Anthony Coles, Julia Jitkoff, Sybil Shainwald, David Long, Elyse Ruzow
- Cited By
- 3 cases
- Status
- Published