United States District Court, N.D. New York
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 motion for judgment on the pleadings is
GRANTED. It is further ORDERED that the Acting
Commissioner's determination that plaintiff was not
disabled at the relevant times, and thus not entitled to
benefits under the Social Security Act, is VACATED. It is
further ORDERED that the matter is hereby REMANDED to the
Acting Commissioner, without a directed finding of
disability, for further proceedings consistent with this
determination. The clerk is respectfully directed to enter
judgment, based upon this determination, remanding the matter
to the Acting Commissioner pursuant to sentence four of 42
U.S.C. § 405(g) and closing this case.
the above pursuant to the order of the Honorable
David E. Peebles, dated this 22nd
day of February, 2018.
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 ...