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ROSARIO v. ERCOLE

No. 08-5521-pr.

617 F.3d 683 (2010)

Richard ROSARIO, Petitioner-Appellant, v. Supt. Robert ERCOLE, Green Haven Correctional Facility, Attorney General Elliot Spitzer, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

August 10, 2010.

Attorney(s) appearing for the Case

Jodi K. Miller , Morrison & Foerster, LLP, New York, N.Y. ( Carl H. Loewenson , Morrison & Foerster, LLP, New York, NY, and Jin Hee Lee , NAACP Defense and Education Fund, Inc., on the brief), for Petitioner-Appellant.

Joseph N. Ferdenzi , Assistant District Attorney, Bronx, N.Y. ( Christopher J. Blira-Koessler , Assistant District Attorney, Bronx, NY, for Robert T. Johnson, District Attorney, Bronx County), for Respondents-Appellees.

ORDER

Following disposition of this appeal on April 12, 2010, petitioner-appellant Richard Rosario filed a petition for rehearing and rehearing in banc. Upon consideration by the panel that decided the appeal, the petition for rehearing is DENIED. An active judge requested a poll on whether to rehear the case in banc. A poll having been conducted and there being no majority favoring in banc...

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