The following excerpt is from Konikoff v. The Prudential Ins. Co., 234 F.3d 92 (2nd Cir. 1999):
court if the record permits, "[i]t is beyond cavil that an appellate court may affirm the judgment of the district court on any ground appearing in the record." Shumway v. UPS, Inc., 118 F.3d 60, 63 (2d Cir. 1997).
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