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COOPER v. TOWN OF EAST HAMPTON

No. 96-7120.

83 F.3d 31 (1996)

Robert D. COOPER, Plaintiff-Appellee, v. TOWN OF EAST HAMPTON, East Hampton Town Board, Supervisor Stanton Barbour Bullock (a/k/a Tony Bullock), individually and in his official capacity as Town Supervisor, Councilperson Nancy H. McCaffrey, individually and in her official capacity as a member of the Town Board, and Councilperson Catherine Lester, individually and in her official capacity as a member of the Town Board, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 22, 1996.

Attorney(s) appearing for the Case

Patricia Weiss, Sag Harbor, NY, argued for plaintiff-appellee.

Vincent R. Fontana, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, argued for defendants-appellants.

Before: NEWMAN, Chief Judge, KEARSE, Circuit Judge, and WEXLER, District Judge.

JON O. NEWMAN, Chief Judge:

This cross-motion to dismiss for lack of a timely notice of appeal presents the narrow issue of whether the separate document requirement of Rule 58 of the Federal Rules of Civil Procedure applies to an order directing the entry of judgment under Rule 54(b). The issue appears not to have previously arisen. The matter comes to us in connection with a motion by defendants-appellants Town of East Hampton (the "Town"), East Hampton Town Board...

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