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DeLUCA v. LONG ISLAND LIGHTING CO., INC.

Nos. 364, 365, Dockets 88-7561, 88-7655.

862 F.2d 427 (1988)

John P. DeLUCA, Plaintiff-Appellant, v. LONG ISLAND LIGHTING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 2, 1988.

Attorney(s) appearing for the Case

Jay M. Gallinger, Huntington Station, N.Y. (William E. Weber, DiLorenzo & Weber, Huntington Station, N.Y., of counsel), for plaintiff-appellant.

Robert F. Van Der Waag, Congdon, Flaherty, O'Callaghan Reid & Donlon, Garden City, N.Y., for defendant-appellee.

Before WINTER, MINER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

This case raises the issue of whether we have appellate jurisdiction to review a judgment imposing Fed.R.Civ.P. 11 sanctions on an attorney when the notice of appeal is in the name of the client only. We conclude that we do not. We affirm the district court's denial of a Rule 60(b) motion, and sua sponte order the attorney to show cause why sanctions should not be imposed under Fed.R.App.P. 38.

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