SORENSEN v. CITY OF NEW YORK

No. 00-7067-CV.

413 F.3d 292 (2005)

Anette SORENSEN, Plaintiff-Appellant, v. THE CITY OF NEW YORK, Gregory Ajose and Neil Pero, Defendants-Appellees, John Doe 1-5, in their individual and official capacities, Angelo Bevilacqua, Coleen Gillis, Maria Rios, Sheryl Williams, Jane/John Does # 7-10, in both their individual and official capacities, Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 29, 2005.


Attorney(s) appearing for the Case

Michael Q. Carey, Carey & Associates, New York, NY, for Plaintiff-Appellant.

Janet L. Zaleon, Assistant Corporation Counsel of the City of New York, (Michael A. Cardozo, Corporation Counsel, on the brief, and Kristin M. Helmers, Patricia B. Miller, Eamonn Foley, William Fraenkel, and Genevieve Nelson, of counsel), New York, NY, for Defendants-Appellees.

Before: LEVAL, CABRANES and KATZMANN, Circuit Judges.


LEVAL, Circuit Judge.

The principal question raised by this appeal is whether a notice of appeal from a judgment that, while adverse to the appellant on some claims, is favorable to the appellant on the particular claim in question, serves to appeal from a subsequent amended judgment, which vacates the prior favorable judgment on the claim, substituting an adverse judgment in its place. We rule that it does not. A new, or amended, notice of appeal must be filed after...

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