Sean A. Clark v. New York Commissioner of Social Services

Petitioner’s public benefits were discontinued by the Department of Social Services of New York (“DSS”) on January 17, 2014, despite my alleged exemption from work requirements due to my physical impair­ ments of disability. The administrative record in state proceedings contained defects that were never corrected such as mislabeling gender, designating me a drug user, labeling me the wrong religion, listing me as deceased, and having committed fraud occurred in an unknown amount in 2014. Petitioner brought suit in the United States District Court for the Southern District of New York alleging fraud on the part of the New York DSS and seeking to reinstate disability benefits. The district court judge dismissed the summons and com­ plaint under Rule 12(b)(6), citing the Rooker-Feldman doctrine, and Eleventh Amendment immunity. The Questions Presented Are:

1. Can a federal district court review a state court ruling, exempting the case via Rooker-Feldman pre­ clusion, where the state court judgment was allegedly procured through fraud”, as has been held by the United States Sixth Circuit Court of Appeals?

2. Is the statute of limitations tolled when a party has submitted an expedited motion under FRAP 4(a)

3. detailing his disability and the need for additional time?