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LATELLA v. JACKSON

No. 989, Docket 86-2308.

817 F.2d 12 (1987)

Daniel LATELLA, Appellant, v. Norwood JACKSON, Warden, Westchester County Department of Corrections, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 27, 1987.

Attorney(s) appearing for the Case

Francis J. Murray, New York City (Murray, Skoff & Kelleher, New York City, on the brief), for appellant.

Richard E. Weill, Asst. Dist. Atty. of Westchester County, White Plains, N.Y. (Carl A. Vergari, Dist. Atty., and Anthony J. Servino, Second Deputy Dist. Atty., White Plains, N.Y., on the brief), for appellee.

Before KAUFMAN, TIMBERS and PIERCE, Circuit Judges.

PER CURIAM:

Daniel Latella ("appellant") appeals from a judgment entered June 4, 1986 in the Southern District of New York, Kevin T. Duffy, District Judge, denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). Appellant filed a tardy notice of appeal on September 5, 1986. We dismiss the appeal since we lack appellate jurisdiction.

Appellant is a New York state prisoner. On October 3, 1985 he filed a petition for...

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