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RASTELLI v. WARDEN, METRO. CORRECTIONAL CENTER

No. 539, Docket 85-2249.

782 F.2d 17 (1986)

Philip RASTELLI, Petitioner-Appellee, v. WARDEN, METROPOLITAN CORRECTIONAL CENTER, New York, New York, United States Department of Justice, Bureau of Prisons, and the United States Parole Commission, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 15, 1986.

Attorney(s) appearing for the Case

William E. Simon, Jr., New York City (Asst. U.S. Atty. for the S.D. of N.Y., Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., Jane E. Booth, Asst. U.S. Atty., of counsel), for respondents-appellants.

Stanley A. Teitler, New York City (Stanley A. Teitler, P.C., Amy Adelson, of counsel), for petitioner-appellee.

Before FEINBERG, Chief Judge, MANSFIELD and OAKES, Circuit Judges.

FEINBERG, Chief Judge:

The Warden of the Metropolitan Correctional Center, the Bureau of Prisons and the United States Parole Commission appeal from that portion of the decision of the United States District Court for the Southern District of New York, Abraham D. Sofaer, J., that invalidated 28 C.F.R. § 2.27(a), a Commission regulation governing the time allowed for processing parole appeals in "original jurisdiction...

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