Does a judge have jurisdiction to hear a notice of appeal filed by defendants?

MultiRegion, United States of America

The following excerpt is from Nieves v. Oswald, 477 F.2d 1109 (2nd Cir. 1973):

4 The judge also granted plaintiffs' motion that the action be maintained as a class action, but denied plaintiffs' motion to consolidate the action with Carter v. McGinnis, 320 F.Supp. 1092 (W.D.N.Y. 1970), and 351 F.Supp. 787 (W.D.N.Y. 1972), notice of appeal filed by defendants, Dec. 29, 1972.

5 But see Part III infra.
6 We nevertheless have jurisdiction over this appeal, or "something sufficiently similar," Gold v. Lomenzo, 425 F.2d 959, 961 (2d Cir. 1970).

7 The reference at 442 F.2d 195 n. 29 seems noncommittal.

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