United States District Court, N.D. New York
Jerrill M. Credle, Plaintiff,
Commissioner of Social Security, Defendant.
JUDGMENT IN A CIVIL CASE
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.
IS ORDERED AND ADJUDGED: that Plaintiffs motion for
judgment on the pleadings (Dkt. No. 9) is GRANTED; that
Defendant's motion for judgment on the pleadings (Dkt.
No. 14) is DENIED and that this matter is REMANDED to
Defendant, pursuant to 42 U.S.C. 405(g), for further
proceedings consistent with this Decision and Order.
the above pursuant to the order of the Honorable U.S.
Magistrate Judge William B. Carter, dated the 1st
day of May, 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:
United States agency;
United States officer or employee sued in an official
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 ...