Moy v. Napoli Shkolnik, PLLC et al

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Moy, Plaintiff, vy. 23-CV-3788 (DEH) Napoli Shkolnik, PLLC et al, ORDER Defendants.

DALE E. HO, United States District Judge: Plaintiff's Motion to Vacate, ECF No. 60, the prior Memorandum Opinion and Order of this Court, ECF No. 57, is DENIED for lack of jurisdiction. Because Plaintiff filed a notice of appeal on October 13, 2025, ECF No. 59, this Court lacks jurisdiction to modify its prior Order in this matter. Lashley v. Artuz, No. 01 Civ. 11542, 2004 WL 1192090, at *1 (S.D.N.-Y. May 27, 2004) (after a notice of appeal is filed, a district court lacks jurisdiction over subsequently-filed motions to vacate); see also Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982); United States v. Camacho, 302 F.3d 35, 36 (2d Cir. 2002). The Clerk of Court is respectfully directed to terminate ECF No. 60. SO ORDERED. Dated: February 6, 2026 New York, New York

DALE E. HO United States District Judge