C. v. New York State and Local Retir

Filing 21

FORM C, on behalf of Appellant Mary Jo C., FILED. Service date 06/22/2011 by CM/ECF.[321927] [11-2215]

UNITED STATES COURT OF APPEALS FOR THE SECOND ClRCUlT
CIVIL APPEAL PRE-ARGUMENT STATEMENT (FORM C)
2. PLEASE TYPE OR PRINT.

1. SEE NOTICE ON REVERSE.

3. STAPLE ALE, ADDITIONAL PACES

District Court or Agency:

Case Caption:

MARY JO C.

Judge:

U S D~slOd
Court
E86f~m
mstnct of New yo&

Plaintiff-Appellant,

J u d g e S a n d r a J . Feuerstein

Date the Order or Judgment Appealed
from was Entered on the Docket:

06/01/2011
STATE A N D
RETIREMENT S Y S T E M ,
NEW YORK

09-cv-5685 (SJF)

Date the Notice of Appeal was Filed:

- against -

District Court Docket No.:

Is this a Cross Appeal?

LOCAL
05/31/2011

Counsel's Name:

Attorney(s) for
Appellant(s):

Address:

William M. Brooks
Touro College
J a c o b D. Fuchsberg
Law Center

Blaintiff
]Defendant

Counsel's Name:

Attorney(s) for

Telephone No.:

225 Eastview Drive
Central Islip, NY 11722

Address:

NO

e

Defendants-Appellees.

(631 ) 761 -7086

Telephone No.:

Fax No.:

E-mail:

[phone]

[e-mail]

Fax No.:

E-mail:

120 Broadway, 25th Floor

[phone]

[phone]

[e-mail]

Plaintiff

Cecelia C. Chang
New York State Oftice
of the Attorney General

Defendant

Harris Zakarin
Rivkin Radler

929 RXR Plaza
Uniondale. NY 11556

[phone]

[phone]

[e-mail]

New York, NY

Number of
Exhibits
Appended to
Transcript:

Approx. Number of
Transcript
Pages:

Has Transcript
Been Prepared?

N/A

N/A

N/A

Has this matter been before this Circuit previously?

n ~ e s

No

If Yes, provide the following:
Case Name:
Reporter Citation: (i.e., F.3d or Fed. App.)

2d Cir. Docket No.:

ADDENDUM "A": COUNSEL MUST ATTACH TO THIS FORM: (1) A BRIEF, BUT NOT PERFUNCTORY, DESCRIPTION OF THE
NATURE OF THE ACTION; (2) THE RESULT BELOW; (3) A COPY OF THE NOTICE OF APPEAL AND A CURRENT COPY OF
THE LOWER COURT DOCKET SHEET; AND (4) A COPY OF ALL RELEVANT OPINIONS/ORDERS FORMING THE BASIS FOR
THIS APPEAL, INCLUDING TRANSCRIPTS OF ORDERS ISSUED FROM THE BENCH OR IN CHAMBERS.

ADDENDUM "B'" COUNSEL MUST ATTACH TO THIS FORM A LIST OF THE ISSUES PROPOSED TO BE RAISED ON APPEAI,,
AS WELL AS THE APPLICABLE APPELLATE STANDARD OF REVIEW FOR EACH PROPOSED ISSUE.
PART A: JURISDICTION
2. Appellate Jurisdiction

I . Federal Jurisdiction

U.S. a party
Federal question
(U.S. not a party)

Diversity

q Other (specify):

Final Decision

Order Certified by District Judge ( i s . ,
Fed. R. Civ. P. 54(b))

Interlocutory Decision
Appealable As of Right

Other (specify):

IMPORTANT. COMPLETE AND SIGN REVERSE SIDE OF THIS FORM.

ismissaL'othcr jurisdiction
Sought: $
Granted: $
Denled: $

DismissalffRCP 12(b)(6)
failure to statc a claim
Disrnissal/Z$ U.S.C. 6 19 15(e)(2)

PART C: NATURE O F SUIT (Check as many as apply)
I . Federal Statutcs
Antitrust
Bankruptcy

2.
Communications

Freedom of Inforn~ationAct

2

q Admiralty1
Defamation

Commod~ties
Other (specify):

Soc. Security
Environmental

Tax

Products Liability
Other (Specify):

I . Is any matter relative to this appeal still pending below?

q

C,'iv~lRlghts
Habeas Corpus

Vacate Sentence

q

Attorney Disqualification
Class Action
Counsel Fees
Shareholder Derivative
Transfer

ForfcitureIPcnalty
Real Property
Treaty (specify):
Othcr (specify):

Admiralty1
Maritime
Arbitration
Commercial
Employment
Insurance
Negotiablc

4. Prisoner Petitions

7. Will appcal raise constitutional issue(s)?
Yes
pJ No

6. General

5. Other

3. Contrdcts

Will appeal raise a matter of first
impression?

E yes
l

No

q Yes, specify:

ElNo

2. To your knowledge, is there any case presently pending or about to be brought before this Court or another court or administrative agency
which:
(A) Arises from substantially the same case or controversy as this appeal?
n ~ e s
No

El

(B)

Involves an issue that is substantially similar or related to an issue in this appeal?

If yes, state whether

"A," or

"B," or

C] No

OYes

both are applicable, and provide in the spaces below the following information on the other action(s):

Case Name:

Docket No.

Citation:

Court or Agency:

Guerin v. D'Alessandro

CV-09-0850

Decision pending

E.D.N.Y.

Name of Appellant:

NIA

Date:

06/17/2011

NOTICE TO COUNSEL
Once you have filed your Notice of Appeal with the District Court or the Tax Court, you have only 14 days in which to complete the following
important steps:

I . Complete this Civil Appeal Pre-Argument Statement (Form C); serve it upon all parties, and file it with the Clerk of the Second Circuit in
accordance with LR 25. I .
2. File the Court of Appeals Transcript Information/CiviI Appeal Form (Form D) with the Clerk of the Second Circuit in accordance with LR 25.1.
3 . Pay the$455 docketing fee to the United States District Court or the $450 docketing fee to the United States Tax Court unless you are authorized to
prosecute the appeal without payment.
PLEASE NOTE: IF YOU DO NOT COMPLY WITH THESE REQUIREMENTS WITHIN 14 DAYS, YOUR APPEAL WILL BE
DISMISSED. SEE LOCAL RULE 12.1.