Scott Myers, Plaintiff-Appellant, v. Carrie Anne Cavallo, Defendant-Appellee.

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United States Court of Appeals, Second Circuit.

Scott Myers, Plaintiff-Appellant, v. Carrie Anne Cavallo, Defendant-Appellee.

16-1445

Decided: December 08, 2016

Present: Guido Calabresi, Reena Raggi, Gerard E. Lynch, Circuit Judges.

Appellee moves for dismissal of the appeal and imposition of a leave-to-file sanction on Appellant. Appellant moves for permission to file a sur-reply. Upon due consideration, it is hereby ORDERED that Appellee's motion is construed as seeking summary affirmance and, so construed, is GRANTED because the appeal “lacks an arguable basis in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). Insofar as Appellee's motion seeks imposition of a leave-to-file sanction, it is DENIED. See In re Martin-Trigona, 9 F.3d 226, 227 (2d Cir. 1993). Appellant's motion for leave to file a sur-reply is DENIED as moot.

FOR THE COURT: Catherine O'Hagan Wolfe, Clerk of Court