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Bernard Gelb v. Preston Niblack, Individually and as Commissioner of the New York City Department of Finance, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 24-2371 · judgment May 27, 2025


Certiorari denied · November 10, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The Respondents cancel uncashed checks outstanding six (6) months after the date of issuance and take $500 million dollars without sending notice to the rightful owners (“Owners”). As a growing source of revenue, Respondents, States and Government Agencies increasingly target and seize billions of dollars in unclaimed funds without providing notice or compensation to the Owners. The questions presented are:

  1. Did the Respondents taking $500 million dollars without sending any notice to the Owners violate the Due Process Clause of the of the Fourteenth Amendment and this Court's precedents?

  2. Did the Respondents taking $500 million dollars without paying just compensation to the Owners violate the Takings Clause of the Fifth Amendment and this Court’s precedents?

Counsel of record

For petitioner
Bernard Gelb

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 10 2025
    Petition DENIED.
  2. Oct 15 2025
    DISTRIBUTED for Conference of 11/7/2025.
  3. Aug 21 2025
    Petition for a writ of certiorari filed. (Response due September 25, 2025)