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MEARS v. MONTGOMERY

Nos. 11-3895 (L), 11-4105 (con)

Ervin Mears, Jr., Plaintiff-Counter Defendant-Appellant, Philip J. Terry, Sr., Intervenor Plaintiff, v. Glen Montgomery, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

February 25, 2013.

Attorney(s) appearing for the Case

Ervin Mears, Jr., pro se, Lawnside, NJ., for Plaintiff-Appellant.

Robert A. Cohen , Joseph R. Heffern , Dechert LLP, New York, NY., for Defendants-Appellees.

PRESENT: ROBERT D. SACK, PETER W. HALL, DEBRA ANN LIVINGSTON,

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: (1) the denial by the magistrate judge ("MJ "), in the appeal docketed as No. 11-3895, of Appellant Ervin Mears, Jr.'s motion for an extension of time to file a notice of appeal is AFFIRMED, although on a different ground from that articulated by the MJ; but (2) we construe Mears's timely notice of appeal on the motion for an extension...

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