United States District Court, N.D. New York
Marco A. Bitetto Plaintiff
Commissioner of Social Security Defendant
JUDGMENT IN A CIVIL CASE
by Court. This action came to a hearing before the
Court. The issues have been heard and a decision has been
IS ORDERED AND ADJUDGED
plaintiff's complaint in this action is DISMISSED without
prejudice to his right to refile after obtaining a final
determination from the Acting Commissioner concerning the
overpayment decision challenged in his complaint.
the above pursuant to the order of the Honorable
David E. Peebles, dated this 15th
day of November, 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 ...