RETAILERS and RAYMOND MINCONE, President, Plaintiffs, RAYMOND J. MINCONE, Plaintiff-Appellant, v. Governor GEORGE E. PATAKI, H. CARL MCCALL,, (2nd Cir. 2001)

Docket Number: 00-7991

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 12th day of June , two thousand one.

PRESENT:

JOSEPH M. MCLAUGHLIN, JOSÃ‰ A. CABRANES, Circuit Judges, DENISE COTE, District Judge.*

ORGANIZATION OF SENIOR CITIZENS AND RETAILERS and RAYMOND MINCONE, President, Plaintiffs, RAYMOND J. MINCONE, Plaintiff-Appellant, v. No. 00-7991

Governor GEORGE E. PATAKI, H. CARL MCCALL, Comptroller, Senator JOSEPH BRUNO, President of the Senate, Assemblyman SHELDON SILVER, Assembly Speaker, Defendants-Appellees.

APPEARING FOR APPELLANT: RAYMOND J. MINCONE, Pro Se, Melville, NY APPEARING FOR APPELLEES: MELANIE OXHORN (Robert H. Easton, on the brief), Attorney General's Office, State of New York, New York, NY Appeal from a judgment of the United States District Court for the Eastern District of New York (Leonard D. Wexler, Judge).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and is AFFIRMED.

In September 1999, plaintiff Raymond J. Mincone filed an amended complaint against defendants under 42 U.S.C. 1983, alleging that the New York State Legislature passed amendments to the State Constitution in 1949, 1962, and 1985, in violation of his right to due process. The District Court dismissed the complaint as time-barred.

Upon a review of the record, we agree that Mincone's complaint is barred by the applicable statute of limitations. Accordingly, the judgment of the District Court is hereby AFFIRMED.

For the Court, Roseann B. MacKechnie, Clerk by

[*]-. The Honorable Denise Cote of the United States District Court for the Southern District of New York, sitting by designation.