D'ALESSIO v. S.E.C.

Docket No. 03-4883.

380 F.3d 112 (2004)

John R. D'ALESSIO and D'Alessio Securities, Inc., Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 16, 2004.


Attorney(s) appearing for the Case

Dominic F. Amorosa, New York, NY, for Petitioners.

Michael A. Conley, Jennings Attorney Fellow, Securities and Exchange Commission (Giovanni P. Prezioso, General Counsel; Eric Summergrad, Deputy Solicitor; Mark Pennington, Assistant General Counsel; Meyer Eisenberg, Deputy General Counsel, of counsel), Washington, DC, for Respondent.

Before: SACK and RAGGI, Circuit Judges, and TRAGER, District Judge.


SACK, Circuit Judge.

The petitioners seek review of an order of the Securities and Exchange Commission (the "Commission" or the "SEC") sustaining the petitioners' termination by the New York Stock Exchange (the "Exchange" or the "NYSE") of their Exchange membership. The petitioners argue that: (1) the Exchange's partiality required its hearing officer to recuse himself from the disciplinary proceedings that resulted in the petitioners' termination; (2) the partiality...

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