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Stern v. Westerman Ball Ederer Miller & Sharfstein, LLP

United States District Court, N.D. New York

July 24, 2017

JOSEPH STERN, SHAUL STERN, SHIMSON STERN, YOCHEVED KUSHNER, LAW OFFICE OF RICHARD B. ANCOWITZ, and LAW OFFICE OF SANFORD ROSENBLUM, Plaintiffs,
v.
WESTERMAN BALL EDERER MILLER & SHARFSTEIN, LLP; NITSANA DARSHAN-LEITNER & ASSOCIATES, a/k/a Nitsana Darshan-Leitner & Co.; MINTZ LEVIN, LLP; MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, P.C.; and ROBERT TOLCHIN, Defendants.

          JUDGMENT IN A CIVIL CASE

         Decision by Court. This action came to a hearing before the Court. The issues have been heard and a decision has been rendered.

         IT IS ORDERED AND ADJUDGED

         That Magistrate Judge Peebles' March 23, 2017 Report and Recommendation, see Dkt. No. 37, is ACCEPTED in its entirety for the reasons stated therein. The Court further ORDERS that Plaintiffs' motion to remand this action to New York State Supreme Court, see Dkt. No. 12, is GRANTED. The Court further ORDERS that Plaintiffs' motion for an award of attorney's fees in relation to their motion to remand, see id., is DENIED. The Court further ORDERS that Defendants' cross-motion for an award of attorney's fees in relations to its defense of Plaintiffs' motion to remand, see Dkt. No. 21, is DENIED. The Court further ORDERS that Defendants' motion to transfer venue, see Dkt. No. 5, is DENIED as moot.

         All of the above pursuant to the order of the Honorable Frederick J. Scullin, Jr., dated this 24th day of July, 2017.

          Federal Rules of Appellate Procedure Rule 4. Appeal as of Right

         (a) Appeal in a Civil Case.

         1. (1) Time for Filing a Notice of Appeal.

         (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 ...


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