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POLICANO v. HERBERT

Docket No. 04-5518-pr.

453 F.3d 75 (2006)

David POLICANO, Petitioner-Appellee, v. Victor T. HERBERT, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 21, 2006.

Attorney(s) appearing for the Case

Rhea A. Grob, Assistant, District Attorney (Charles J. Hynes, District Attorney Kings County, Leonard Joblove & Ann Bordley, Assistant District Attorneys, of counsel), Brooklyn, NY, for Respondent-Appellant.

Richard Ware Levitt, New York, NY, for Petitioner-Appellee.

Before POOLER and SACK, Circuit Judges, and GARAUFIS, District Judge.

PER CURIAM.

On November 15, 2005, this panel filed an opinion in this matter. See Policano v. Herbert, 430 F.3d 82 (2d Cir.2005). A copy of that opinion is attached for the convenience of the New York Court of Appeals.

A summary of the factual background of this case is set forth in Policano, 430 F.3d at 84-86. The Clerk of this Court will transmit to the Clerk of the Court of Appeals of the State of New York...

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