United States District Court, N.D. New York
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.
ORDERED AND ADJUDGED that Plaintiffs Motion for Judgment on
the Pleadings (Dkt. No. 9) is DENIED; and it
is further ORDERED, that Defendant's
Motion for Judgment on the Pleadings (Dkt. No. 10) is
GRANTED; and it is further
ORDERED, that Defendant's decision
denying Plaintiff disability benefits is
AFFIRMED; and it is further
ORDERED, that Plaintiff's Complaint
(Dkt. No. 1) is DISMISSED; and it is further
ORDERED, that the Clerk of the Court serve a
copy of this Decision and Order upon the parties to this
the above pursuant to the order of the Honorable
Daniel J. Stewart, dated this 2nd
day of August, 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 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 ...