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COHEN v. EMPIRE BLUE CROSS AND BLUE SHIELD

No. 97-7144.

142 F.3d 116 (1998)

Toby COHEN, Plaintiff-Appellant, v. EMPIRE BLUE CROSS AND BLUE SHIELD, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 15, 1998.

Attorney(s) appearing for the Case

Toby Cohen, pro se, New York City for Plaintiff-Appellant.

Richard E. Juzumas, New York City, for Defendant-Appellee.

Before FEINBERG, CALABRESI, and BRIGHT, Circuit Judges.

PER CURIAM:

Toby Cohen, a pro se litigant, appeals from an order of the United States District Court for the Southern District of New York (Allen G. Schwartz, Judge) denying her motion for an extension of time to file a notice of appeal. Because we conclude that the district court either did not have jurisdiction to consider the motion or the motion was unnecessary and should have been dismissed without consideration of the merits, we vacate and remand...

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