Esposito v. The State of New York et al
Filing 119
MEMORANDUM OPINION & ORDER.....Espositos motion is untimely. This case was closed in August 2008 and Esposito now seeks to reopen this matter over seven years later. Since this motion is based on newly discovered evidence and fraud on the court pursu ant to Rules 60(b)(2) and (b)(3), Esposito is subject to the one year time limit of Rule 60(c). Even if Espositos motion could be considered under Rule 60(b)(6), it has not been brought within a reasonable time. Espositos March 21, 2016 motion to reopen is denied. (Signed by Judge Denise L. Cote on 5/12/2016) Copy Mailed to Luisa C. Esposito Mailed By Chambers. (gr) (gr)
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