Epton v. Hogan (355 F.2d 203, 1966)

United States Court of Appeals for the Second Circuit 1966-01-14

Citations

Full opinion text

PER CURIAM. Appellants’ complaint, concerning the alleged unconstitutionality of New York Penal Law § 161 and other statutes, was dismissed with leave to amend. An order dismissing a complaint with leave to amend is not a final order and therefore not appealable. See Oppenheimer v. F. J. Young & Co., Inc., 144 F.2d 387 (2d Cir. 1944); American Broadcasting Co. v. Wahl Co., 121 F.2d 412 (2d Cir. 1941); 6 Moore, Federal Practice ¶ 54.12[1] at 116 (1953). Appeal dismissed.