United States District Court, N.D. New York
JUDGMENT IN A CIVIL CASE
action came to trial or hearing before the Court. The issues
have been tried or heard and a decision has been rendered.
ORDERED AND ADJUDGED: that the Commissioner's motion for
judgment on the pleadings (Dkt. No. 14) be DENIED; that
plaintiffs motion for judgment on the pleadings (Dkt. No. 12)
be GRANTED, and that the Commissioner's decision denying
disability benefits be REMANDED, pursuant to sentence four of
42 U.S.C. 405(g), to the Commissioner for further proceedings
consistent with Decision and Order.
the above pursuant to the order of the Honorable Magistrate
Judge Christian F. Hummel, dated the 15th day of
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 ...