Aptaker et al v. Samet et al
| Lisa Aptaker, MD |
| Judah Samet, Allied Community Support Services, Sarah Samet, Francisco Nunez, Steven Wieder, Nat Gordon and Bezalel Rehabilitation & Nursing Home |
| 1:2026cv01708 |
| March 23, 2026 |
| U.S. District Court for the Eastern District of New York |
| Natasha C Merle |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on April 29, 2026. A more recent docket listing may be available from PACER.
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| Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals. #40 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ) |
ORDER re #42 Letter requesting Judge to make IFP for her Notice of Appeal to be kept confidential; granting #41 Motion for Leave to Appeal in forma pauperis by Lisa Aptaker, MD(Next Friend Standing re: Julia Lamburt aka Julia Aptaker) -- Petitioner's motion for leave to appeal in forma pauperis is granted. Under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), the Court finds that because the motion contains sensitive information regarding petitioners financial circumstances, the strength of the presumption of public access is outweighed by the privacy interests of the individual who the information concerns. Accordingly, the Clerk of Court is respectfully directed to seal the motion at ECF No. #41 . Ordered by Judge Natasha C. Merle on 4/29/2026. (AG)
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Filing 43
MEMORANDUM & ORDER: Petitioner's Disqualification Motion is DENIED. ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 4/27/2026. (AG)
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| Electronic Index to Record on Appeal sent to US Court of Appeals. #40 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ) |
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Filing 39
MEMORANDUM & ORDER re #35 Emergency Motion to Disqualify Judge and Emergency Reassignment and Emergency Hearing. For the reasons stated in the attached Memorandum and Order, the Court finds Petitioner's Motion is without merit and denies the application. Ordered by Judge Margo K. Brodie on 4/24/2026. (DNE)
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| Filing 42 Letter to Judge Merle from Lisa Aptaker requesting Judge to make IFP for her Notice of Appeal to be kept confidential. (ENE) |
| Filing 41 MOTION for Leave to Appeal in forma pauperis Notice of Appeal by Lisa Aptaker, MD(Next Friend Standing re: Julia Lamburt aka Julia Aptaker). (VJ) Modified on 4/29/2026. Sealed pursuant to Judge Merle's order dated 4/29/26. (AG). |
| Filing 40 NOTICE OF APPEAL as to #34 Order on Motion to Disqualify Counsel, Order on Motion for Preliminary Injunction, Order on Motion to Appoint Counsel, Memorandum & Opinion, Email,, by Lisa Aptaker, MD(Next Friend Standing re: Julia Lamburt aka Julia Aptaker). (VJ) |
| Filing 38 CLERK'S JUDGMENT: that judgment is entered in favor of respondents; and the petition is dismissed. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 4/21/2026. (JP) |
| Filing 37 Letter to Judge Brodie from Lisa Aptaker requesting for administrative review and reassignment. (ENE) |
| Filing 36 Letter to Judge Merle from Lisa Aptaker regarding failure to address Motion to disqualify Judge and reassignment April 20,2026. (ENE) |
| Filing 35 Emergency MOTION to Disqualify Judge and Emergency Reassignment and Emergency hearing filed by Lisa Aptaker, MD. (ENE) |
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Filing 34
MEMORANDUM & ORDER: The petition is DISMISSED for failure to exhaust state remedies. Because the instant petition is dismissed, petitioner's motion for a preliminary injunction and/or temporary restraining order, application for pro bono counsel, and motion to disqualify ACSS's attorney are DENIED as moot. The Clerk of Court is respectfully directed to enter judgment consistent with the Order and close the case. ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 4/20/2026. (AG)
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| Filing 33 EXHIBIT re: Summons issued and Southern District Documents filed by Lisa Aptaker, MD. (ENE) |
| Filing 32 Letter to Judge Merle from Lisa Aptaker, MD providing further evidence for Defendant's Disqualification and Request for Issuing Writ of Habeas Corpus within 3 days. (ENE) |
| Filing 31 NOTICE of Appearance by Avi Lew on behalf of Bezalel Rehabilitation & Nursing Home (aty to be noticed) (Lew, Avi) |
| Filing 30 Supplemental Submission Regarding Custody, Urgency, and request for Immediate Issuance of the Writ filed by Lisa Aptaker, MD. (ENE) |
| Filing 29 Letter by Allied Community Support Services (Attachments: #1 Exhibit A - Notice of Appeal - NY Court of Appeals, #2 Exhibit B - (12-13-2024) Notice of Appeal, #3 Exhibit C - (1-13-26) Decision and Order of 1st Dept., #4 Exhibit D - (2-6-26) Notice of Motion, #5 Exhibit E - ( 2-24-26) App. Division Decision Denying (2 6 26) Motion) (Moore, Jessica) |
| Filing 28 MEMORANDUM of Law in Support of petitioner's Request for Immediate issuance of the Writ of habeas corpus filed by Lisa Aptaker, MD. (ENE) |
| Filing 27 Letter to Judge Merle from Lisa Aptaker, MD, addressing Judge's Order and requesting for Status of the New York Court of Appeals. (ENE) |
| Filing 26 NOTICE of Appearance by David Simon on behalf of Allied Community Support Services (aty to be noticed) (Simon, David) |
| Filing 25 RESPONSE to Motion re #21 Letter MOTION to Disqualify Counsel filed and #24 Notice of Motion filed by Allied Community Support Services. (Moore, Jessica) |
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ORDER -- On or before April 10, 2026, the parties shall submit a joint letter stating the status of the appeal taken to the New York Court of Appeals and attach relevant documentation. Ordered by Judge Natasha C. Merle on 4/7/2026. (AG)
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| Filing 24 NOTICE of Motion re #21 Letter MOTION to Disqualify Counsel filed by Lisa Aptaker, MD. (Attachments: #1 Affirmation in Support of Motion, #2 Affirmation of Service, #3 Exhibit) (ENE) |
| Filing 23 Petitioner's REPLY to Respondents' in Opposition to Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 and Request for Preliminary Injunction and Temporary Restraining Order #20 filed by Lisa Aptaker, MD. (ENE) |
| Filing 22 Letter to Judge Merle from Lisa Aptaker, MD requesting expedited consideration of Motion to disqualify respondents' counsel due to serious conflict, changing case to confidential and request for interpreter. (ENE) |
| Filing 21 Letter MOTION to Disqualify Counsel filed by Lisa Aptaker, MD. (ENE) |
| Filing 20 AFFIDAVIT in Opposition re #7 Order to Show Cause, #5 MOTION for Preliminary Injunction., Order,,,, #6 Declaration, #16 Certificate of Service, by Bezalel Rehabilitation & Nursing Home, Nat Gordon, Steven Wieder. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Korsinsky, Michael) |
| Filing 19 NOTICE of Appearance by Michael Korsinsky on behalf of Bezalel Rehabilitation & Nursing Home, Nat Gordon, Steven Wieder (aty to be noticed) (Korsinsky, Michael) |
| Filing 18 MEMORANDUM in Opposition re #7 Order to Show Cause, #5 MOTION for Preliminary Injunction., #6 Declaration, #1 Petition for Writ of Habeas Corpus filed by Allied Community Support Services. (Attachments: #1 Declaration of David Simon, #2 Exhibit Verified Guardianship Petition, #3 Exhibit Decision and Order Appointing Guardian, #4 Exhibit Omnibus Order Including Recusal, #5 Exhibit Amended Order and Judgment Appointing Successor Guardian, #6 Exhibit First Department Decision and Order, #7 Exhibit Ex Parte Order of Protection, #8 Exhibit Continued Temporary Restraining Order, #9 Exhibit Order to Show Cause dated 11/21/24, #10 Exhibit Order to Show Cause dated 12/12/24, #11 Exhibit Order to Show Cause dated 4/8/25, #12 Exhibit Notice of Appeal) (Moore, Jessica) |
| Filing 17 NOTICE of Appearance by Jessica Moore on behalf of Allied Community Support Services (aty to be noticed) (Moore, Jessica) |
| Filing 16 CERTIFICATE OF SERVICE: Summons #14 , petition, preliminary injunction/temporary restraining order motion papers (ECF Nos. #5 , #6 , and #7 ) sent to respondents via FedEx Overnight Delivery. See attachment for further details. (Tracking numbers: 817610256963, 817610256941, 817610256952, 817610256930, 817610256920, 817610256919, 817610256908) (VRM) |
| Filing 14 Summons Issued as to Allied Community Support Services, Bezalel Rehabilitation & Nursing Home, Nat Gordon, Francisco Nunez, Judah Samet (Court Appointed Guardian), Sarah Samet, Steven Wieder. (VRM) |
| Email Notification Test - DO NOT REPLY (ENE) |
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ORDER granting Motion for Leave to Proceed in forma pauperis. Ordered by Judge Natasha C. Merle on 3/24/2026. (AG)
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| Filing 15 Pro Se Consent to Electronic Notification filed by Lisa Aptaker, MD. The docket has been updated. (ENE) |
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SCHEDULING ORDER: Petitioner's request to proceed in forma pauperis is granted. The Clerk of Court is respectfully directed to issue summonses and to serve the petition, summonses, preliminary injunction/temporary restraining order motion papers (ECF Nos. #5 , #6 , and #7 ), and a copy of this Order on respondents via overnight mail or FedEx. On or before March 31, 2026, respondents shall show cause, in writing, as to why the relief sought in the petition should not be granted and otherwise respond to the petition's factual and legal assertions. The petitioner may, but is not required to, file a reply on or before April 3, 2026. Petitioner is encouraged to contact the City Bar Justice Center's Federal Pro Se Legal Assistance Project by email at [email protected] or by leaving a voicemail at 212-382-4729 to make an appointment for free, confidential, limited-scope legal assistance at the Brooklyn Federal Courthouse. Ordered by Judge Natasha C. Merle on 3/24/2026. (copy mailed). (JCM)
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| Case reassignment to Judge Natasha C. Merle. Magistrate Judge Clay H. Kaminsky no longer assigned as presider to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (DA) |
| Filing 13 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case under the EDNY Direct Assignment Program, governed by EDNY Administrative Order 2025-14. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/sites/default/files/uploads/mjconsentform.pdf. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent form unless all parties have signed the consent form. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2025-14, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2025-14 and other materials related to the EDNY Direct Assignment Program on the Court's website: #https://www.nyed.uscourts.gov/bulletin-direct-assignment-program. (SDM) |
| Filing 12 Case transferred in from District of New York Southern; Case Number 1:26-cv-02045. Original file certified copy of transfer order and docket sheet received. |
| The case of Aptaker et al v. Samet et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 26-cv-1708. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SDM) |
| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (STH) |
| Filing 11 LETTER addressed to Judge Laura Taylor Swain from Lisa Aptaker dated 3/18/2026 re: I am extremely concerned about my 90 year old mother's (Julia Lamburt's A/K/A Julia Aptaker's) health and safety due to her age and the extreme duress due to the unlawful restraint and false imprisonment she is being forced to undergo that is the subject of this case. I respectfully request that the above-captioned case be promptly transferred to the Eastern District as per your Order of March 13, 2026, today, if possible, and any other relief that you deem as necessary. Document filed by Lisa Aptaker, MD. (sac) [Transferred from New York Southern on 3/23/2026.] |
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Filing 10
ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Petitioner should be permitted to proceed through her next friend and without payment of fees, and resolution of all pending motions are determinations to be made by the transferee court. This order closes the case in the Southern District of New York, and the Clerk of Court is directed to terminate the pending motions in this district. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/12/2026) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 3/23/2026.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(kgo) [Transferred from New York Southern on 3/23/2026.] |
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Filing 9
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 03/18/2024) (sac) [Transferred from New York Southern on 3/23/2026.]
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| Filing 8 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Lisa Aptaker, MD. (sac) [Transferred from New York Southern on 3/23/2026.] |
| Filing 7 UNSIGNED ORDER TO SHOW CAUSE filed by Lisa Aptaker, MD. (sac) [Transferred from New York Southern on 3/23/2026.] |
| Filing 6 DECLARATION of Lisa Aptaker in Support re: #5 MOTION re: to hear case on emergency basis and for Preliminary Injunction. Document filed by Lisa Aptaker, MD. (sac) [Transferred from New York Southern on 3/23/2026.] |
| Filing 5 NOTICE OF MOTION re: to hear case on emergency basis and for Preliminary Injunction. Document filed by Lisa Aptaker, MD. (sac) [Transferred from New York Southern on 3/23/2026.] |
| Filing 4 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Lisa Aptaker consents to receive electronic service via the ECF system. Document filed by Lisa Aptaker, MD. (sac) [Transferred from New York Southern on 3/23/2026.] |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Lisa Aptaker, MD. (sac) [Transferred from New York Southern on 3/23/2026.] |
| Filing 2 LETTER from Lisa Aptaker dated 3/12/2026 re: I am respectfully requesting that my IFP be kept confidential. Document filed by Lisa Aptaker, MD. (sac) [Transferred from New York Southern on 3/23/2026.] |
| Filing 1 EMERGENCY PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241. Document filed by Lisa Aptaker, MD. (sac) [Transferred from New York Southern on 3/23/2026.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 3/23/2026.] |
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information. (sac) [Transferred from New York Southern on 3/23/2026.] |
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