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NAPOLI v. TOWN OF NEW WINDSOR

Docket No. 09-2547-cv.

600 F.3d 168 (2010)

Michael NAPOLI, Sr., Plaintiff-Appellee, v. TOWN OF NEW WINDSOR and George Green, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 29, 2010.

Attorney(s) appearing for the Case

Robert N. Isseks (Christopher Gurda, on the brief), Middletown, NY, for Plaintiff-Appellee.

Michael K. Burke, Burke, Miele & Golden, LLP, Goshen, NY, for Defendants-Appellants.

POOLER, RAGGI, and LIVINGSTON, Circuit Judges.

PER CURIAM:

Defendants appeal from a January 12, 2009 order of the district court denying defendants' motion for summary judgment on qualified immunity grounds and a May 14, 2009 order of the district court clarifying its previous order. Because we find that defendants' appeal is untimely under Federal Rule of Appellate Procedure 4(a), we dismiss the appeal for lack of jurisdiction.

BACKGROUND

Plaintiff Michael Napoli ("Napoli" or "plaintiff") brought...

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