Novella v. Westchester County
Docket: Nos. 08-0788(L), 08-0807-cv(XAP)
Court: Court of Appeals for the Second Circuit; April 10, 2009; Federal Appellate Court
Cross-appeals were filed concerning various orders and a judgment from the United States District Court for the Southern District of New York. The appellate court determined it lacks jurisdiction over the appeals, as its authority is confined to reviewing "final decisions" as defined by 28 U.S.C. § 1291. A final decision is one that resolves the case on its merits, leaving only the execution of judgment, as established in *Catlin v. United States*. The court noted that a judgment is not considered final if there are still disputes regarding damages or other aspects of relief. In this case, the computation of damages remains incomplete, and the district court had ordered the defendants to complete this calculation multiple times. However, the case was closed and judgment entered before any calculation was filed, indicating that the computation required is not merely ministerial and must consider various factors, such as different pension credits among class members. Consequently, because the necessary computations have not been finalized, the judgment on appeal is not final. The appeal was dismissed, with the stipulation that should a final judgment be entered in the future—including clear determinations of monetary relief—and if a timely notice of appeal is filed, the Clerk’s office will establish a briefing schedule as needed, and the case will be referred to the panel for disposition. No oral argument will occur unless ordered by the Court.