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NORTHERN MARIANA v. CANADIAN IMPERIAL BANK OF COM.

Docket No. 12-1857-cv.

693 F.3d 274 (2012)

Commonwealth of the NORTHERN MARIANA ISLANDS, Plaintiff-Appellant, v. CANADIAN IMPERIAL BANK OF COMMERCE, Garnishee-Appellee, William H. Millard, Defendant, The Millard Foundation, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: September 5, 2012.

Amended: September 6, 2012.

Attorney(s) appearing for the Case

Michael S. Kim ( Melanie L. Oxhorn , on the brief) Kobre & Kim LLP, New York, NY, for Plaintiff-Appellant.

Scott D. Musoff ( Timothy G. Nelson , Gregory A. Litt , on the brief) Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, for Garnishee-Appellee.

Before: CABRANES, STRAUB and HALL, Circuit Judges.

PER CURIAM:

For the reasons set forth in the District Court's well-reasoned and thorough opinion, Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce, No. 11-mc-00099-LAK (S.D.N.Y. Apr. 12, 2012), ECF No. 97, resolution of this case turns upon unresolved issues of New York State law regarding the interpretation of N.Y. C.P.L.R. § 5225(b). We believe it is more appropriate for the New York Court of Appeals to address this...

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