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650 PARK AVE. CORP. v. McRAE

Docket 87-7951.

836 F.2d 764 (1988)

650 PARK AVENUE CORPORATION, Plaintiff-Appellee, v. Maria McRAE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 8, 1988.

Attorney(s) appearing for the Case

Robert S. Churchill, New York City (Gerstein & Churchill, New York City, of counsel), for plaintiff-appellee.

Joseph M. Aronow, New York City, for defendant-appellant.

Before VAN GRAAFEILAND, WINTER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

This motion requires us to address the issue of what constitutes "excusable neglect" justifying a district court's extension of the time in which to file a notice of appeal under Fed.R.App.P. 4(a)(5). Plaintiff 650 Park Avenue Corporation seeks the dismissal of an appeal by defendant Maria McRae from Judge Carter's grant of summary judgment awarding plaintiff damages in the amount of $60,586.50. Although Fed.R.App.P. 4(a)(1) provides, in civil...

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