Smith v. The New York and Presbyterian Hospital

Background

The opinion concerns Plaintiff Zakeenah Smith’s request for an extension of time to file a notice of appeal. The defendants are The New York and Presbyterian Hospital, Columbia University Medical Center, New York Presbyterian Foundation, Inc., New York Presbyterian Global, Inc., New York Presbyterian Healthcare System, Inc., Gregory Sica, individually, and Samantha Shankar, individually.

On February 18, 2020, the court granted the defendants’ motion for summary judgment, dismissing with prejudice Smith’s claims under Title VII and the New York State Human Rights Law. The Clerk entered judgment on February 19, 2020, closed the case, and advised Smith that she could seek an extension if she filed the request within 60 days and showed excusable neglect or good cause.

Request for an Extension

Federal Rule of Appellate Procedure 4(a)(5)(A) allows a district court to extend the deadline for a notice of appeal when the request is timely and the party shows excusable neglect or good cause. Smith’s 30-day deadline expired on March 20, 2020. She filed the motion 11 days later, satisfying the rule’s timing requirement.

Smith argued that her delay was excusable because of the COVID-19 outbreak. The memorandum stated that one employee began showing COVID-19 symptoms in late February, a second employee showed symptoms in early March, and the law firm then closed its offices and shifted to fully remote work while monitoring its staff’s health. Smith argued that these circumstances disrupted counsel’s ability to file on time.

Ruling

The court granted Smith’s motion for an extension, retroactively, because the public health crisis had disrupted her counsel’s law practice. The court ordered that Smith must file any notice of appeal within 45 days. This order decided the time for filing an appeal; it did not decide the merits of any appeal.