1:25-cv-01846•Trapani v. Sypniewski et al
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- 1 - UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DAMIAN R. TRAPANI, Plaintiff, 1:25-CV-1846 v. (LEK/DJS) MATTHEW J. SYPNIEWSKI, Schenectady County Court Judge, et al., Defendants. APPEARANCES: DAMIAN R. TRAPANI Plaintiff, Pro Se Geneva, New York 14456 DANIEL J. STEWART United States Magistrate Judge REPORT-RECOMMENDATION and ORDER1 Plaintiff filed the Complaint on December 29, 2025. Dkt. No. 1. An Amended Complaint was then filed on January 16, 2026, Dkt. No. 2, and a Second Amended Complaint on January 27, 2026. Dkt. No. 3, Sec. Am. Compl. Consistent with the special solicitude to be afforded pro se parties, and the Court’s broad discretion under FED . R. CIV . P. 15(a)(2), the Court deems the Second Amended Complaint the operative pleading. 1 This matter was referred to the undersigned pursuant to L.R. 72.3(d). Case 1:25-cv-01846-LEK-DJS Document 10 Filed 02/23/26 Page 1 of 6
- 2 - Plaintiff has also filed an application to proceed in forma pauperis, Dkt. No. 4, which was granted by separate order. The Complaint before the Court is 79 pages in length. It consists of 952 numbered paragraphs and contains 64 causes of action. Over two dozen identified individuals or entities are specifically named, and more than ten John Does are named as Defendants in the action. While the Complaint was originally filed in December 2025, it contains allegations dating back as far as April 2019. Many of the allegations made here mirror those that were previously dismissed in Trapani v. Sypniewski, 23-CV-1433 (N.D.N.Y.). The Court notes additionally that Plaintiff is a frequent litigator in this District, having filed several other cases. Trapani v. Carney, 10-CV-1353; Trapani v. Bonafede, 14-CV- 556; Trapani v. Cuomo, 14-CV-683; Trapani v. Dagostino, 18-CV-805; Trapani v. Annucci, 21-CV-681; Trapani v. St. Peters Hospital of the City of Albany, 25-CV-1479. Rule 8 of the Federal Rules of Civil Procedure provides that a pleading must contain: (1) a short and plain statement of the grounds for the court’s jurisdiction . . . ; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief. F ED . R. CIV . P. 8(a). Rule 8 serves “to give fair notice of the claim being asserted so as to permit the adverse party the opportunity to file a responsive answer [and] prepare an Case 1:25-cv-01846-LEK-DJS Document 10 Filed 02/23/26 Page 2 of 6
- 3 - adequate defense.” Powell v. Marine Midland Bank, 162 F.R.D. 15, 16 (N.D.N.Y. 1995) (citation omitted). A complaint that fails to comply with basic pleading requirements presents too heavy a burden for defendants to craft a defense “and provides no meaningful basis for the Court to assess the sufficiency of [the plaintiff’s] claims,” and may properly be dismissed. Gonzales v. Wing, 167 F.R.D. 352, 355 (N.D.N.Y. 1996). “While ‘a court is obliged to construe pro se pleadings liberally, particularly when they allege civil rights violations,’ McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir.2004), even pleadings submitted pro se must meet the notice requirements of Rule 8 of the Federal Rules of Civil Procedure.” West v. Goord, 2012 WL 1161508, at *3 (W.D.N.Y. Feb. 15, 2012) (internal alterations omitted), report and recommendation adopted, 2012 WL 1161438 (W.D.N.Y. Apr. 6, 2012); see also Gunter v. Carrion, 2009 WL 10709657, at *1 (E.D.N.Y. Oct. 20, 2009) (noting that pro se litigants are “not excused . . . from complying with the Federal Rules of Civil Procedure.”). “It is well within the Court’s discretion to dismiss the pleading pursuant to Rule 8 for its length alone.” Rubin v. New York City Bd. of Educ., 2023 WL 1972729, at *9 (S.D.N.Y. Jan. 6, 2023), report and recommendation adopted, 2023 WL 2344731 (S.D.N.Y. Mar. 3, 2023) (citing cases). The Second Circuit has noted repeatedly that a court can dismiss a claim under Rule 8 based on its length and lack of clarity. Blakely v. Wells, 209 F. App’x 18, 20 (2d Cir. 2006); Owens v. McCall, 5 F. App’x 15, 16 (2d Cir. 2001). In Salahuddin v. Cuomo, the Second Circuit warned that “unnecessary prolixity Case 1:25-cv-01846-LEK-DJS Document 10 Filed 02/23/26 Page 3 of 6
- 4 - in a pleading places an unjustified burden on the court and the party who must respond to it because they are forced to select the relevant material from a mass of verbiage.” Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988). Here, as noted above, the operative pleading is anything but short. Apart from being verbose, it is also unclear in that many of the allegations are undated and many of the causes of action do not specifically identify the conduct giving rise to the claims. See, e.g., Sec. Am. Compl. at ¶¶ 664-680. This is particularly problematic given the fact that the allegations in the pleading date back as far as 2019 and many of the claims, therefore, would be subject to dismissal based on the applicable three year statute of limitations for claims under 42 U.S.C. § 1983. Murphy v. Lynn, 53 F.3d 547, 548 (2d Cir. 1995). Here, while Plaintiff may be able to state a viable claim for relief, the nature of Plaintiff’s Complaint makes that impossible to fully assess. Cognizant of the admonition that “a court should not dismiss a complaint filed by a pro se litigant without granting leave to amend at least once ‘when a liberal reading of the complaint gives any indication that a valid claim might be stated,’” Bruce v. Tompkins Cnty. Dep’t of Soc. Servs. ex rel. Kephart, 2015 WL 151029, at *4 (N.D.N.Y. Jan. 7, 2015) (quoting Branum v. Clark, 927 F.2d 698, 704-05 (2d Cir. 1991)), the Court recommends that the Complaint here be dismissed with leave to replead. This will afford Plaintiff the opportunity to specifically set forth the factual basis for his claims (rather than having the Court presume them) and connect those factual allegations to his legal claims. Case 1:25-cv-01846-LEK-DJS Document 10 Filed 02/23/26 Page 4 of 6
- 5 - Should Plaintiff be directed by the District Judge to file an amended complaint, I offer the following guidance. Any such amended complaint, which shall supersede and replace in its entirety the previous Complaint filed by Plaintiff, must clearly state the nature of the suit and the basis for this Court’s jurisdiction. The body of Plaintiff’s amended complaint must contain sequentially numbered paragraphs, as he did here, containing only one act of misconduct per paragraph and should state with specificity the legal claim for relief and the basis for damages. The pleading should be short and specifically identify each cause of action, the specific facts given rise to each claim, and the defendants associated with each. Plaintiff is referred to F ED . R. CIV . P. 8 and 10 as to the proper form for his pleadings. CONCLUSION For the reasons stated herein, it is hereby RECOMMENDED, that Plaintiff’s Complaint be DISMISSED with leave to amend as set forth above pursuant to 28 U.S.C. §§ 1915(e) & 1915(A); and it is ORDERED, that the request for additional time (Dkt. No. 7) is DENIED as moot; and it is further ORDERED, that the Clerk of the Court serve a copy of this Report- Recommendation and Order upon the parties to this action. Case 1:25-cv-01846-LEK-DJS Document 10 Filed 02/23/26 Page 5 of 6
- 6 - Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen (14)2 days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993) (citing Small v. Sec’y of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989)); see also 28 U.S.C. § 636(b)(1); F ED . R. CIV . P. 72 & 6(a). Dated: February 23, 2026 Albany, New York 2 If you are proceeding pro se and are served with this Order by mail, three additional days will be added to the fourteen-day period, meaning that you have seventeen days from the date the order was mailed to you to serve and file objections. F ED. R. CIV. P. 6(d). If the last day of that prescribed period falls on a Saturday, Sunday, or legal holiday, then the deadline is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. FED. R. C IV. P. 6(a)(1)(C). Case 1:25-cv-01846-LEK-DJS Document 10 Filed 02/23/26 Page 6 of 6
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