United States Second Circuit

Appeal of an order affirming summary judgment for appellee is dismissed where: 1) a corrected judgment by the district court did not alter the substantive rights affected by the first judgment, thus the time for appeal ran from the filing of the first judgment; and 2) the Supreme Court has abrogated the "unique circumstances" doctrine that appellant claimed should relax the rules on appeals timing in the present case.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

• PER CURIAM:, Before WALKER and CABRANES, Circuit Judges, and PAULEY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mark L. Antin, Gennet, Kallmann, Antin & Robinson PC, New York, NY, for Appellant.


• For Appellees:
  
• Jonathan E. Polonsky, Thelen Reid Brown Raysman & Steiner LL, New York, NY, for Appellee Official Committee of Unsecured Creditors.