Ochoa v. Bratton et al, No. 1:2016cv02852 - Document 80 (S.D.N.Y. 2018)

Court Description: MEMORANDUM OPINION AND ORDER re: 78 MOTION for Extension of Time to File, filed by Roman Ochoa. However, because the plaintiff's motion for an extension of time to file his notice of appeal is the "functional equivalent" of wh at is required of a notice of appeal, the Court construes the plaintiff's motion as a notice of appeal. See Brandaid Marketing Corp. v. Biss, No. 08-0941-cv, 2009 WL 742077, *1 (2d Cir. March 23, 2009) (quoting Smith v. Barry, 502 U.S. 244, 248 (1992)). The Clerk is therefore ordered to docket the plaintiff's motion for an extension of time to file his notice of appeal as the plaintiff's notice of appeal. SO ORDERED. (Signed by Judge John G. Koeltl on 1/23/2018) (mml)