Legal Opinion
In Re Welling
District Court, S.D. New York
Decided April 1, 1999No. 99 Misc. 8-85PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
This unusual application is a motion by a non-party witness who has been subpoe naed to give evidence in a private civil action to hold herself in contempt of court, but not to impose any penalty upon herself, for the stated purpose of attempting to transform a concededly non-appealable order denying her motion to quash the subpoena into an order appealable as of right. The Court concludes that this is an inappropriate and, in any case, deficient attempt to evade the finality rule and denies the motion.
Facts
Plaintiff Roman Sterlin commenced a purported…
2Cases cited13 opinions
- Ronald E. Galella v. Jacqueline Onassis, John Walsh, and United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1973
- Public Defender Agency v. Superior Court, Third Judicial DistrictAlaska Supreme Court · 1975
- In Re William L. Magwood, Iii. Florence Hicks v. Paul D. PearlsteinCourt of Appeals for the D.C. Circuit · 1986
- Galella v. OnassisDistrict Court, S.D. New York · 1972
- Federal Trade Commission v. A. McLean & SonCourt of Appeals for the Seventh Circuit · 1938
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3Cited by1 opinion
- Estate of Ungar v. Palestinian AuthorityDistrict Court, S.D. New York · 2006