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BORTUGNO v. METRO-NORTH COMMUTER R.R.

Docket No. 90-7384.

905 F.2d 674 (1990)

Joseph BORTUGNO, Plaintiff-Appellant, v. METRO-NORTH COMMUTER RAILROAD, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 11, 1990.

Attorney(s) appearing for the Case

Robert A. Katz, Melville, N.Y. (Gandin, Schotsky & Rappaport, Melville, N.Y., of counsel), for plaintiff-appellant.

Jose R. Rios, New York City (Robert Bergen, New York City, of counsel), for defendant-appellee.

Before LUMBARD, KEARSE and MINER, Circuit Judges.

PER CURIAM:

Defendant Metro-North Commuter Railroad ("Metro") moves to dismiss the appeal of plaintiff Joseph Bortugno from a final judgment of the United States District Court for the Southern District of New York. Metro contends that the appeal is untimely because the notice of appeal was not filed within 30 days after entry of judgment and the district court abused its discretion in extending the time to appeal for "excusable neglect," see Fed.R.App.P. 4...

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