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BERGAMO v. COMMODITY FUTURES TRADING COM'N

Docket No. 98-4254.

192 F.3d 78 (1999)

Gary R. BERGAMO, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided September 10, 1999.

Attorney(s) appearing for the Case

Gary R. Bergamo, pro se (Steven R. Goldberg, New York, New York, on the brief), Staten Island, New York, for Petitioner.

J. Douglas Richards, Deputy General Counsel, Commodity Futures Trading Commission (Daniel R. Waldman, General Counsel, Susan Nathan, of counsel), Washington, D.C., for Respondent.

Before: WINTER, Chief Judge, NEWMAN, and SOTOMAYOR, Circuit Judges.

WINTER, Chief Judge:

Gary R. Bergamo petitions for review of a final order of the Commodity Futures Trading Commission ("Commission") denying his request to file a brief two and one-half years out of time and to have the Commission review his appeal on the merits. We hold that the Commission's denial of Bergamo's motion for leave to file an untimely brief was within its discretion. We therefore deny the petition for review.

BACKGROUND

This petition...

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