United States District Court, N.D. New York
KENNETH J. PHELAN
R. THOMAS et al.
JUDGMENT IN A CIVIL CASE
JURY VERDICT. This action came before the Court for a trial
by jury. The issues have been tried and the jury has rendered
DECISION BY COURT. This action came to trial, motion or
hearing before the Court. The issues have been tried or heard
and a decision has been rendered.
ORDERED AND ADJUDGED that the Clerk is directed to amend the
caption to reflect the proper spelling of Hirsch and Michael.
That defendants' motion for summary judgment (Dkt. No.
131) is GRANTED and Phelan's amended complaint (Dkt. No.
88) is DISMISSED. That the Clerk close this case, in
accordance with the Memorandum-Decision and Order issued by
Senior District Judge Gary L. Sharpe on February 8, 2017.
Rules of Appellate Procedure Rule 4. Appeal as of
Appeal in a Civil Case.
Time for Filing a Notice of Appeal.
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.
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
(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.
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).
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 ...