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COCO v. VILLAGE OF BELLE TERRE, NEW YORK

Docket No. 05-6669-MV.

448 F.3d 490 (2006)

Robert M. COCO., individually and on behalf of all others similarly situated, Plaintiff-Respondent, v. INCORPORATED VILLAGE OF BELLE TERRE, NEW YORK, and Robert J. Walker, individually and in his capacity as Chief Constable, Defendants-Petitioners, Brett Manthe, et al, Defendants.

United States Court of Appeals, Second Circuit.

Decided: May 8, 2006.

Attorney(s) appearing for the Case

Jonathan Scott, Scott & Scott LLP, Smithtown, NY, for Plaintiff-Respondent.

Terry Rice, Rice & Amon, Suffern, NY, for Defendants-Petitioners.

Before: MESKILL, STRAUB and KATZMANN, Circuit Judges.

PER CURIAM.

Petitioners seek leave, pursuant to Federal Rule of Civil Procedure 23(f), to appeal the order of the United States District Court for the Eastern District of New York (Arthur D. Spatt, Judge) certifying a class in this case. Under Rule 23(f), "[a] court of appeals may in its discretion permit an appeal from [such an order] if application is made to it within ten days after entry of the order." Petitioners failed to file their application within...

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