ALBERT FRACCOLA JR PLAINTIFF APPELLANT v. 1ST CHOICE REALTY INC ET AL DEFENDANTS AND HONORABLE RANDAL CALDWELL DEFENDANT RESPONDENT (2025)

Supreme Court, Appellate Division, Fourth Department, New York.

ALBERT G. FRACCOLA, JR., PLAINTIFF-APPELLANT, v. 1ST CHOICE REALTY, INC., ET AL., DEFENDANTS, AND HONORABLE RANDAL B. CALDWELL, DEFENDANT-RESPONDENT.

859 Decided: January 31, 2025

PRESENT: SMITH, J.P., CURRAN, MONTOUR, GREENWOOD, AND KEANE, JJ.

ALBERT G. FRACCOLA, JR., PLAINTIFF-APPELLANT PRO SE. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (ALEXANDRIA TWINEM OF COUNSEL), FOR DEFENDANT-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed with costs.

Memorandum: Plaintiff, pro se, appeals from an order that, inter alia, granted the motion of the Honorable Randal B. Caldwell (defendant) to dismiss plaintiff's complaint against him and dismissed the complaint in its entirety. We affirm.

Contrary to plaintiff's contention, Supreme Court properly granted defendant's motion and dismissed the complaint. This action is based on subject matter concerning a 2005 stipulation by which plaintiff agreed to settle various lawsuits. As we have previously noted, “courts have issued at least three prior orders prohibiting [plaintiff] from commencing actions based on the subject matter of the 2005 stipulation without prior leave of court” and, here, plaintiff's complaint was filed without leave of court (Fraccola v 1st Choice Realty, Inc., 206 AD3d 1649, 1650 [4th Dept 2022], appeal dismissed 38 NY3d 1155 [2022]; see also Fraccola v 1st Choice Realty, Inc., 224 AD3d 1227, 1228 [4th Dept 2024]). In light of our determination, we need not address plaintiff's remaining contentions.

Entered: January 31, 2025

Ann Dillon Flynn

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network