Legal Opinion
Joseph Bortugno v. Metro-North Commuter Railroad
Court of Appeals for the Second Circuit
Decided June 11, 1990No. Docket 90-7384PublishedCited by 17 opinions
1Per curiam
Defendant Metro-North Commuter Railroad (“Metro”) moves to dismiss the appeal of plaintiff Joseph Bortugno from a final judgment of the United States District Court for the Southern District of New York. Metro contends that the appeal is untimely because the notice of appeal was not filed within 30 days after entry of judgment and the district court abused its discretion in extending the time to appeal for “excusable neglect,” see Fed.R.App.P. 4(a)(5). We agree and dismiss the appeal.
BACKGROUND
The present action, tried to a jury before Judge Vincent L. Broderick, resulted in a verdict in…
2Cases cited4 opinions
- The Mennen Company v. The Gillette CompanyCourt of Appeals for the Second Circuit · 1983
- 650 Park Avenue Corporation v. Maria McRaeCourt of Appeals for the Second Circuit · 1988
- Wilfred J. Wakefield v. Northern Telecom, Inc., Wilfred J. Wakefield v. Northern Telecom, Inc.Court of Appeals for the Second Circuit · 1987
- Fase v. Seafarers Welfare & Pension PlanCourt of Appeals for the Second Circuit · 1978
3Cited by17 opinions
- American Alliance Insurance Co., Ltd. v. Eagle Insurance CompanyCourt of Appeals for the Second Circuit · 1996
- Rezzonico v. H & R Block, Inc.Court of Appeals for the Second Circuit · 1999
- Israel Weinstock Jb Trading International, Ltd. And 4200 Avenue K Realty Corp. v. Cleary, Gottlieb, Steen & HamiltonCourt of Appeals for the Second Circuit · 1994
- Avolio v. County of SuffolkCourt of Appeals for the Second Circuit · 1994
- United States ex rel. McAllan v. City of New YorkCourt of Appeals for the Second Circuit · 2001
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