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PEREZ v. AC ROOSEVELT FOOD CORP.

Docket No. 13-497.

734 F.3d 175 (2013)

Miguel G. PEREZ, individually and on behalf of other persons similarly situated who were employed by AC Roosevelt Food Corp., d/b/a/ Champion Food Supermarket or any other entities affiliated with or controlled by AC Roosevelt Food Corp. and Antonio Collado, Plaintiff-Appellee, v. AC ROOSEVELT FOOD CORPORATION, or any other entities affiliated with or controlled by AC Roosevelt Food Corp. doing business as Champion Food Supermarket, and Antonio Collado, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 6, 2013.

Attorney(s) appearing for the Case

Andrew Squire , Brooklyn, NY, for Appellants.

Ladonna M. Lusher , Virginia & Ambinder, LLP, New York, NY, for Appellee.

Before: WINTER, JACOBS, STRAUB, Circuit Judges.

STRAUB, Circuit Judge:

AC Roosevelt Food Corporation and Antonio Collado appeal from an August 13, 2012 order of the United States District Court for the Eastern District of New York (John Gleeson, Judge), as memorialized in a January 7, 2013 judgment, granting Miguel Perez's motion for attorneys' fees. Because the entry of judgment did not restart the time to appeal, we DISMISS the appeal as untimely.

The facts of this case as relevant...

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