Vincent M. Dudley, as of the Estate of Robert J. Patton, and Rose Marie Patton v. Penn-America Insurance Company

POOLER, Judge.

Plaintiffs-Appellees Vincent M. Dudley, et al. (“Dudley”) moved to dismiss as untimely the appeal of defendant-appellant Penn-America Insurance Co. (“Penn-America”). As is sometimes the case, the procedural background of this case in the district court somewhat complicates the simple and straightforward answer to Dudley’s motion. Our path to the simple solution also is obscured by Dudley’s citation to our decision in Hodge v. Hodge, 269 F.3d 155 (2d Cir.2001) (per curiam), which seems to support its position even though that result would be in direct contravention of the Federal…