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MONFERRATO v. SCHWEIKER

No. 319, Docket 82-6186.

700 F.2d 869 (1983)

Rocco MONFERRATO, Plaintiff-Appellant, v. Richard SCHWEIKER, Secretary of Department of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 14, 1983.

Attorney(s) appearing for the Case

Mark Hus, Brooklyn, N.Y. (Steven M. Bernstein, Community Action for Legal Services, Inc., Brooklyn, N.Y., of counsel), for plaintiff-appellant.

Igou M. Allbray, Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., for the E.D.N.Y., Miles M. Tepper and Patrick B. Northup, Asst. U.S. Attys., Brooklyn, N.Y., of counsel), for defendant-appellee.

Before MOORE, CARDAMONE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

The issue presented on this appeal, as in the companion case decided today, Dietsch v. Schweiker, 700 F.2d 865 (2d Cir.1983), is whether mailing a request for review of an administrative law judge's decision constitutes filing within the meaning of the regulations promulgated under the Social Security Act. Plaintiff's request for review, which was mailed on the last day of the 60-day period provided...

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