US Court of Appeals Second Circuit Case 21-1564, Doc 6, Pre-Argument Statement on Appeal 07-12-2021

US Court of Appeals Second Circuit Case 21-1564, Doc 6, Pre-Argument Statement on Appeal

ong>Caseong> ong>21ong>-ong>1564ong>, ong>Docong>ument 6, 07/12/20ong>21ong>, 3135847, Page1 ong>ofong> 104 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CIVIL APPEAL PRE-ARGUMENT STATEMENT (FORM C) 1. SEE NOTICE ON REVERSE 2. PLEASE TYPE OR PRINT 3. STAPLE ALL ADDITIONAL PAGES ong>Caseong> Caption: District ong>Courtong> or Agency: Judge: Donna Hodge, Annette Hall, Karen Grant Williams, Alexi Arias, Albert E. Percy, and Percy Jobs and Careers as Class Representative v. Andrew Cuomo, et al. EDNY Date the Order or Judgment Appealed from was Entered on the ong>Docong>ket: May 27, 20ong>21ong> Date the Notice ong>ofong> Appeal was Filed: Hon. Nicholas Garaufis District ong>Courtong> ong>Docong>ket No.: ong>21ong>-cv-014ong>21ong> Is this a Cross Appeal? June 25, 20ong>21ong> Yes ✔ No Attorney(s) for Appellant(s): ✔ Plaintiff Defendant Counsel’s Name: Address: Telephone No.: Fax No.: E-mail: James M. Kernan 26 Broadway, 19th Floor, New York, New York 10004,(ong>21ong>2)986-3196 jkernan@kernanllp.com Attorney(s) for Appellee(s): Plaintiff ✔ Defendant Counsel’s Name: Address: Telephone No.: Fax No.: E-mail: Ira Lipsius 80-02 Kew Gardens Road Suite 1030 Kew Gardens, New York 11415 Telephone: (ong>21ong>2) 981-8440 Christopher Edward Buckey, Esq., Litigation Counsel, Cullen and Dykman LLP, Suite 900, 80 State Street, Albany, NY 12207, 518-788-9406 Has Transcript Been ong>Preong>pared? na Approx. Number ong>ofong> Transcript Pages: na Number ong>ofong> Exhibits Appended to Transcript: na Has this matter been before this ong>Circuitong> previously? Yes ✔ No If Yes, provide the following: ong>Caseong> Name: 2d Cir. ong>Docong>ket No.: Reporter Citation: (i.e., F.3d or Fed. App.) ADDENDUM “A”: COUNSEL Mong>USong>T 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 Mong>USong>T ATTACH TO THIS FORM A LIST OF THE ISSUES PROPOSED TO BE RAISED ON APPEAL, AS WELL AS THE APPLICABLE APPELLATE STANDARD OF REVIEW FOR EACH PROPOSED ISSUE. PART A: JURISDICTION 1. Federal Jurisdiction U.S. a party Diversity ✔ Federal question Other (specify): (U.S. not a party) 2 . Appellate Jurisdiction ✔ Final Decision Order Certified by District Judge (i.e., Fed . R. Civ. P. 54(b)) Interlocutory Decision Appealable As ong>ofong> Right Other (specify): FORM C (Rev. October 2016) IMPORTANT. COMPLETE AND SIGN REVERSE SIDE OF THIS FORM.