United States District Court, N.D. New York
Debra M. Conkling On behalf of Z.J.F. 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 motion for judgment on the pleadings is
DENIED. It is further ORDERED that Defendant's motion for
judgment on the pleadings is GRANTED. It is further ORDERED
that Defendant's unfavorable determination is AFFIRMED.
It is further ORDERED that Plaintiff's Complaint is
the above pursuant to the order of the Honorable
William B. Carter, Federal Rules of
Appellate Procedure Rule 4. Appeal as of Right
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 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 ...