United States District Court, Northern District of New York
JUDGMENT IN A CIVIL CASE
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
That the Report and Recommendation is ADOPTED. The matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. Section 405(g) for further proceedings consistent with the Report-Recommendation. Signed by Judge David N. Hurd on April 13, 2015.
All of the above pursuant to the order of the Honorable Judge Hon. David N. Hurd, dated the 13th day of April, 2015.
Federal Rules of Appellate Procedure Rule 4. Appeal as of Right
(a) Appeal in a Civil Case.
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.
(B) The notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed from if one of the parties is:
(i) the United States;
(ii) a United States agency;
(iii) a United States officer or employee sued in an official capacity; or
(iv) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf - including all instances in which the United States represents that person when the judgment or order is entered or files the appeal for that person.
(C) An appeal from an order granting or denying an application for a writ of error coram nobis is an appeal in a civil case for purposes of Rule 4(a).
(2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a decision or order-but before the entry of the judgment or order-is treated ...