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LUCIDORE v. NEW YORK STATE DIV. OF PAROLE

Docket No. 99-2492.

209 F.3d 107 (2000)

Thomas LUCIDORE, Petitioner-Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 6, 2000.

Attorney(s) appearing for the Case

Gary A. Farrell, Brooklyn, N.Y. (Jason H. Sterne, of counsel), for Petitioner-Appellant.

Mary C. Farrington, Assistant District Attorney for New York County (Robert M. Morgenthau, District Attorney for New York County, and Marc Frazier Scholl, Assistant District Attorney for New York County, of counsel), for Respondent-Appellee.

Before: CABRANES and SOTOMAYOR, Circuit Judges, and TRAGER, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

Petitioner-appellant Thomas Lucidore appeals from a judgment entered by the United States District Court for the Southern District of New York (Andrew J. Peck, Magistrate Judge) on August 3, 1999.1 The District Court dismissed Lucidore's petition for a writ of habeas corpus as untimely, but granted a certificate of appealability ("COA") to this Court. On appeal, Lucidore concedes that his petition...

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