United States Second Circuit

In a qui tam False Claims Act action challenging a local law requiring non-resident city employee-plaintiffs to pay a fee equivalent to the municipal income taxes paid by resident city-employees, motion to dismiss plaintiffs' appeal is granted where: 1) since the government has declined to intervene in a False Claims action, it is not a party to the action within the meaning of Fed. R. App. P. 4(a)(1); and therefore, 2) a notice of appeal had to be filed within 30 days.

Appellate Information

• Decided 08/19/2008
• Published 08/19/2008

Judges

• WINTER, Circuit Judge:, Before:  WINTER, MINER, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lewis D. Zirogiannis (Marc A. Weinstein on the brief), Hughes Hubbard & Reed LLP, New York, NY, for Plaintiff-Appellant., Michael J. Garcia, United States Attorney for the Southern District of New York (Sheila M. Gowan and Jeffrey S. Oestericher, Assistant United States Attorneys, on the brief) New York, NY, for amicus curiae, the United States of America.


• For Appellees:
  
• Andrew G. Lipkin, of counsel (Michael A. Cardozo, Corporation Counsel of the City of New York) New York, NY, for Defendant-Appellees.