Justia Federal District Court Opinions

Appearing for Appellant: Josefina Del Valle Hernandez pro se, Bronx, N.Y.

Appearing for Appellees: Janet L. Zaleon, Ass't NYC Corporation Counsel, N.Y., N.Y.

Present Hon. Amalya L. KEARSE, Hon. Dennis G. JACOBS, Circuit Judges, Hon. John GLEESON, District Judge*.

Appeal from the United States District Court for the Southern District of New York.

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was argued by plaintiff pro se and by counsel for defendants.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the appeal be and it hereby is dismissed for lack of appellate jurisdiction.

Plaintiff Josefina Del Valle Hernandez attempts to appeal from an order of the United States District Court for the Southern District of New York, Allen G. Schwartz, Judge, denying her request for certification pursuant to 28 U.S.C. § 1292(b) for immediate appeal of the court's order denying Hernandez's motion to amend her complaint. An order denying certification under § 1292(b) is an interlocutory order that is not appealable. See generally D'Ippolito v. Cities Service Co., 374 F.2d 643, 648 (2d Cir.1967). Accordingly, we have no jurisdiction to entertain this appeal. Nor would review by way of mandamus be appropriate. See id.

We have considered all of Hernandez's contentions in support of appealability and have found them to be without merit. The appeal is dismissed for lack of appellate jurisdiction.