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POLICANO v. HERBERT

Docket No. 04-5518-pr.

453 F.3d 79 (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

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

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.

ORDER

A poll on whether to rehear this case en banc was conducted among the active judges of the court upon the request of an active judge of the court. Because a majority of the court's active judges voted to deny rehearing en banc, rehearing en banc is hereby DENIED.

Judges Calabresi, Straub, Pooler, Sack, Sotomayor, Katzmann, B.D. Parker and Hall concur in the denial of rehearing en banc...

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