Opinion
00 Civ. 5597 (LAK)
October 31, 2002
ORDER
The renewed motion of certain defendants for sanctions is denied as premature without prejudice to renewal at the conclusion of the litigation. Given the pendency of the appeal, the outcome of which might moot the basis for the renewed motion; the uncertainty as to whether pendency of the appeal deprives the Court of jurisdiction to decide the motion; and the existence of jurisdiction to determine a motion for sanctions following any affirmance, see Schlaifer Nance Co. v. Powell, Goldstein, 194 F.3d 323, 333 (2d Cir. 1999), the investment of time and effort in resolving the motion at this time would be inappropriate.
SO ORDERED.