Yu v. Hasaki Restaurant, Inc., No. 17-1067 (2d Cir. 2017)Annotate this Case
The Second Circuit granted leave to file a petition for 28 U.S.C. 1292(b) review. At issue was whether petitioners' notice of appeal, which was filed within ten days of the district court's order sought to be reviewed, was the functional equivalent of a section 1292(b) petition to invoke the court's jurisdiction over a later filed petition. The court held that, under all the circumstances of this case, the timely filed notice of appeal was sufficient to invoke the court's appellate jurisdiction over the section 1292(b) petition.