Minima v. N.Y.C. Department of Homesless Services et al, No. 1:2009cv01027 - Document 17 (S.D.N.Y. 2010)

Court Description: MEMORANDUM OPINION AND ORDER: #98472 The Court appropriately dismissed this action without prejudice after the plaintiff failed to appear for conferences,including after the Court warned the plaintiff that failure to appear would result in dismissal of the action for failure to prosecute. Moreover, after being advised of the Court's inclination to dismiss the action without prejudice, the plaintiff did not indicate any desire to pursue the action inthis Court but requested a transfer of the action to state court, which this Court lacks the power to do. The plaintiff has failed to present any fact or law that the Court overlooked such that reconsideration or rehearing would be warranted, and the plaintiff's motion for reconsiderati on is also plainlyuntimely. Moreover, the plaintiff has failed to establish any basis for relief from judgment under Rule 60(b) and has failed to show "exceptional circumstances" sufficient for such relief. For the reasons stated above, the plaintiff's application is denied. (Signed by Judge John G. Koeltl on 1/18/10) (db) Modified on 1/21/2010 (ajc).