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NEW YORK v. GREEN

Docket No. 04-4070-CV.

420 F.3d 99 (2005)

State of NEW YORK and Erin D. Crotty, Plaintiffs-Appellees, v. Kevan M. GREEN and Polymer Applications, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 18, 2005.

Attorney(s) appearing for the Case

Diane R. Tiveron, Esq., Hogan & Willig, PLLC, (Corey J. Hogan, of counsel), Amherst, New York, for Defendants-Appellants.

David A. Munro, Assistant Attorney General (Denise Hartman, Assistant Solicitor General on the brief; Lisa M. Burianek, and Jane C. Cameron, Assistant Attorneys General, of counsel) for Eliot Spitzer, Attorney General of the State of New York, Albany, New York, for Plaintiffs-Appellees.

Before: STRAUB and SACK, Circuit Judges, and KRAVITZ, District Judge.

KRAVITZ, District Judge.

Defendant Polymer Applications, Inc. and its sole shareholder and president, Defendant Kevan M. Green, appeal from the District Court's refusal to vacate a default judgment against them. Defendants argue that the District Court should have set aside the default judgment as void under Rule 60(b)(4) of the Federal Rules of Civil Procedure. Alternatively, Defendants assert that the District Court should have vacated the default judgment...

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